Administrative Acts Actionable Research

The issue of administrative act is of the most importance in regards to Administrative Jurisprudence and Administrative Proceeding. This thesis entitled "Study on the Suability of the Administrative Act" is an attempt to make a comprehensive study of administrative act from the angle of proceedings. The whole thesis is composed of four parts, eighteen chapters, including the principle, the scope, the criteria and the types of the suability of administrative act.The first part, entitled "the principle of suability of administrative act", consists of five chapters. The author tries to probe into the main principles of the suability of administrative act, which might be the answers to questions just as what the suability of administrative act is, why the administrative act can be sued and what the value lies in the suability of the administrative act.Chapter 1, Administrative Act. Before we begin to study the suability of administrative act, we must know the basic concept of administrative act. From the author's point of view, administrative act has many-sided property and is considered as the essential factor to the public corporation, the public power and the public law. So it falls into the category of administrative substantive law, administrative procedure law and administrative litigation law. Moreover, the concept of administrative act, including the intention and extension, should be identical in these three spheres. In this sense, administrative act plays a role as a bridge between the objective law and the subjective rights.Chapter 2, Administrative Legal Relation. Legal act originates from a certain legal relation. As one of the legal act, administrative act can only originated from administrative legal relation, which refers to the relations between the subject of administration and administrative counterpart. In the author's opinion, it is the legal relation dominated by the subject of administration, which excludes what we called "the supervised administrative legal relation". The content of the administrative legal relation includes the public power or right owned by both of the party and the public obligation that should be borne by either of them. Concretely speaking, it refers to the public power of the nation, the public right of people and the obligation in the sense of public law, among which the public right of the administrative counterpart can be obtained by way of action in public law and the nature of the public power determinesthat the administrative legal relation has the specific property of the relation in public law. The object of the administrative legal relation is the administrative act. So the dispute originated from the administrative legal relation is the dispute in public law, and only can be resolved by way of litigation in public law, that is the administrative litigation.Chapter 3 , the Suability of Administrative Act. In this chapter, the author begins with the analysis of the generality of concept of the suability, what the author called the suability here refers to that of the legal act, not of the legal provision itself. Since the legal provision cannot be sued in most cases, the suability of the legal provision actually means that the legal provision could be used as the foundation of the findings made by the court. Just as the civil act and criminal act, the administrative act can also be sued. The suability of the administrative act indicates that the administrative act, as the object, can be reviewed judicially under certain conditions. The administrative litigation is a proceeding in public law. The right of action only belongs to the administrative counterpart. And there is no administrative act that can not be sued. The suability of administrative act bases on the fundamental principle of the constitution. Therefore, it can be applied universally.Chapter 4, the Value of the Suability of the Administrative Act. Firstly, the suability of the administrative act makes it possible to resolve the dispute between the subject of administration and the ad...