On Administrative Verwaltungsrealakte

Administrative Verwaltungsrealakte is a kind of administrative act that was noticed with the appearance of positive administration and developed with the time change. Because the study of Administrative Verwaltungsrealakte is not systematic and deep, using systematic method, comparative method ,social method and case analysis method, on the foundation of other's study, this paper study the Administrative Verwaltungsrealakte to rich the administrative theory, restrict administrative random, perfect administrative reconsider and litigation and protect people's rights.The first chapter discusses with background of the Verwaltungsrealakte, the necessary to definite, definition given by scholar, the factor that should be considered n, the definite and the type. On the foundation of the necessary to definite, aimed at to criticize the opinion to giving up the definite, the necessary to definite is put forward: traditional administrative theory is mainly on administrative juristic act, which is not suitable to Administrative Verwaltungsrealakte, definition is the premise to study it and to make the discussion effective. Then the definition given by scholar is analyzed and a definition is put forward: Administrative is administrative body's action that includes executive act and opinion expression act. There are two type of Verwaltungsrealakte which are executive act and opinion expression act.The second chapter discusses about the first type of Administrative Verwaltungsrealakte: the opinion expression Verwaltungsrealakte. It is mainly about the definition, the difference between the opinion expression act and other related act, the type of the opinion expression, its function and legal elements. The opinion act is administrative body's act that doesn't aim to influence people's right and obligation, which is different from the juristic act that aims to influence people's rights and Para juristic act. The opinion expression act includes act such as announcement, reply, guidance and guidance plan. It has the function of provide public security, leading democracy attending, build harmony social and supervision. The legal element includes legal body, suitable time, and accurate content and legal way.The third chapter discusses definition, characteristic, type, value and legal elements of the executive act. Executive act is a act made by administrative body to fulfill it's duty. It is characteristic with non-opinion and physical act. There are many kinds of executive act, for example, public facilities building and repair, check and fulfill juristic act. Its values are mainly order and public interest. The legal element includes legal body, legal time, accurate content and the legal way.The forth chapter discusses the adaptation of administrative principle to Administrative Verwaltungsrealakte. Because the traditional administrative law theory is mainly about juristic act, scholars didn't pay attention to the adaptation of administrative principle to Administrative Verwaltungsrealakte. Because of the different background, the cause, scope and way between the Administrative Verwaltungsrealakte, it is significant to study the adaptation of administrative principle to Administrative Verwaltungsrealakte. In the chapter the rule of law principle, proportion principle, trust principle, due procedure principle and duty principle are discussed.The sixth chapter is about the relief of Administrative Verwaltungsrealakte. Now we have the law of relief such as state compensation law, administrative litigation law and administrative reconsider law. That provide a base for the Administrative Verwaltungsrealakte' relief. In this chapter, the necessary of litigation of Administrative Verwaltungsrealakte is analyzed and the way to check the Administrative Verwaltungsrealakte is put forward, then, the compensation of illegal administrative Verwaltungsrealakte is disscused, and the feasibility of reconsider is put forward.The conclusion part summarizes the whole article and deepens the theme.