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Definition Of Administrative Act Under The Concept Of Rule Of Law

Posted on:2004-01-12Degree:DoctorType:Dissertation
Country:ChinaCandidate:S A MaFull Text:PDF
GTID:1116360122965535Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The concept of administrative act is one of the core concepts in administrative law science in civil law system countries. Not only is it one of the core concepts in Chinese administrative law science, but also it is a foundation concept as the whole Chinese administrative law science is concerned .It is a fundamental and complicated issue to define administrative act in research of theories of administrative act. Chinese scholars have not made a systematical and profound study of it as yet or a long time. What needed by founding scientific systems of theories on administrative act and practicing of rule of law of administration and even practicing of rule of law is to make a deeper study of definition of administrative act and define its intension and extension According to principles and the needs of practice of rule of law, and in consideration of customs of Chinese language and Chinese legal culture and judicial system of organization, and also in application of logic analysis, historic analysis,prescriptive method, descriptive method ,semantic analysis ,case research and comparative research . through profound and scientific demonstration ,the thesis defines administrative act as the act of administration organ, authorized organization and person by law, which have executive power factors, including Rechtsgeschaft of administration, Geschaftsahnliche Handlung of administration, Relakt of administration. It is of great theoretical significance and practical value to classify administrative act into Rechtsgeschaft of administration, Geschaftsahnliche Handlung of administration, Relakt of administration according to legal effect and their way in which they produce. By drawing on the experience of achievements in scientific research in civil law science, the thesis also makes a deeper study of Rechtsgeschaft of administration, Geschaftsahnliche Handlung of administration, Relakt of administration and their related issues. Achievements in scientific research in thethesis deepens researching of foundation theories on administrative act, and will promote establishing systems of concepts on administrative act theories and founding scientific systems of theories on administrative act, and also will promote resolving problems in practice of rule of law, which is of some theoretical significance and practical value.
Keywords/Search Tags:Administrative Act, Concept, Define
PDF Full Text Request
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