无效行政行为防卫权及无效标准

无效行政行为防卫权是行政相对人对无效行政行为所享有的正当不服从的权利。其制度目的是创设权利直接对权力进行监督的法律机制。防卫权制度的核心和难点是无效标准界定。无效包括绝对无效和相对无效。绝对无效的关键在于其情形列举必须详尽全面。相对无效的关键则是其一般理论概括必须客观准确

The Defensive Right against Invalid Administrative Act and Criterion of Invalidation

The defensive right against invalid administrative act is a opponent right that administration enjoys to lawfully disobey valid administrative act. The objective of this institutional designed is to make a power-supervising mechanism within which private rights can directly confront abused administrative powers. The core of this right system is the judging standard for invalid administrative act, which is also the most difficult part of it. The standard of judging invalid administrative act can be divided into absolute and relative. Absolute invalidation requires express legislative provisions, which give a complete and definite list of the act falling within this category, whereas relative invalidation requires a precise summary of the characteristics of related acts.