Research On The Beneficial Administrative Actions And It's Legality

As an administrative method in favor of related administrative party, beneficial administrative actions, on the one hand, have a direct decisive effect on the realization of related administrative party's own rights; on the other hand, as one of the methods for the administrative parties to reallocate the public resources in their control, it may probably, without proper regulations, become an instrument to aggrieve public interest and invade others'lawful rights. Based on such a fact, it has been a start point and a striving direction for building up new administrative method to discuss the living space and future development direction of beneficial administrative actions.The first section mainly analyses how to define the concept"beneficial administrative actions", and meanwhile explores its theoretical existing space and practical demands. In summary, beneficial actions is the concept founded on the analysis of the value to related administrative party. If we focus on the structure of it, it should include following part: the existence of power of beneficial administrative actions is the premise; the use of administrative power of beneficial administrative actions; the expression of beneficial administrative actions; the existence of legal impact on administrative beneficial actions.Based on economic background, a market economy, which upholds free and fair competition, requires a government to control on it, and the beneficial administrative actions is just such a way to respond. It mainly means to examine the qualifications as the subject of market by administrative permission, registration and approval, to provide favorable access circumstances and to create fair conditions for market access. By...