Research On The Implement Power Of Administrative ACT

The validity of administrative act is the essence of administrative act, and the implement power is the development of the executive power. This thesis is divided into five chapters, which discusses the implement power theory of administrative act based on the background of service administration. The main content is abstracted as follows:The first chapter“The proposed implement power of administrative act——from executive power to implement power”. This chapter is a profile of implement power concept of administrative act, based on the background of public administration, and demonstrated the rationality of the administrative act implement power concept. The traditional administrative act validity theory was founded though the imitation to the judicial decision, which was related to the administrative act. With the development of public administration, the intension the administrative act was enlarged, which caused the administrative act validity theory was not adapted any longer. As a part of traditional administrative act validity, the executive power should be replaced by implement power to make it suitable.The second chapter“The basic area of administrative act implement power”. The implement power is proposed on the background of service administration, and the basic area is the key point. This chapter is about the rational cognition of the implement power concept. Profile the implement power theory by analyzing the content, intension and character. Furthermore, there are demonstration on rationality and significance of implement power concept through the analysis of its value.The third chapter“The status analysis of the administrative act implement power”. This chapter is the analysis of the implement power on the theory and practice. The status of implement power is referred to the period from the beginning of effect to the end of elimination, which exists through the whole administrative act process. The administrative act is divided into three consecutive period: becoming effective, continuance and elimination.The fourth chapter“the concrete demonstration of the administrative act implement power”. The abstract and concrete are the important issue for the research. The basic theory of implement power is abstract study, and the discussion of the practical problem is concrete study. The combination of theory and practice is helpful to the whole understanding of implement power, also makes it complete. So, this chapter discusses not only the promote coercion, administrative contract and administrative enforcement, but also the invalidation administrative act without implement power in the practice.The fifth chapter“The judicial issue of the administrative act implement power”. The implement power is the connection between the abstract administrative act and the concrete right and obligation, which promotes the former transforming to the latter. According to the theory of the administrative act executive power, the right should performed legally and the duty should be performed initiatively. However, there exist a lot of problems in the practice, and the solution depends on the judicial remedy and guarantee. In summary, the judicial act plays an important part in the regulation of private right, the limitation of public power and the achievement of the public administration purpose.