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实践中人们对行政行为违法性的确认存在较为模糊的认识。由于行政主体的多元性及行政行为的多样性,行政行为违法性的确认也存在多种模式。既可由有权机关采用违法确认书或在复议决定书、判决书中直接确认,也可由行政行为被撤销、改变或无效等间接方式确认。不同模式下,行政行为违法性的确认主体、性质、标准、程序等都存在差异。
In practice, people have a vague understanding of the illegality of administrative acts. Due to the diversity of administrative bodies and the diversity of administrative acts, there are many modes for the confirmation of the illegality of administrative acts. Either by the competent authority to use the illegal confirmation of the book or in the reconsideration decision, the direct confirmation of the verdict, but also by the administrative act was withdrawn, changed or invalid indirect way to confirm. Under different modes, there are differences between the main body, nature, standards and procedures of the confirmation of the illegality of administrative acts.