Research On The Source Of Administrative Action Validity

The validity theory of administrative action possesses a very important role in administrative jurisprudence. Due to thin research situation on this subject nowadays, reconsideration on administrative action validity by use of“Integrative Analysis Methodology”is of practical and theoretical significance.In this paper, based on the existing doctrine, system and judicial practice of administrative acts validity and its sources, we think them in research methodology too single, can not meet the objective situation and the requirements of the rule of law, thus we bring forward“Integrative Analysis Methodology”, namely, it is necessary to find the source of administrative conduct validity from the three factors including norms, values and facts. On this basis, to explore administrative action validity and its sources, and even engaged in the study of administrative law, we should pay attention to the interests of measurement principles, and the introduction of law hermeneutics. In order to accomplish the above tasks, the paper is the integrated use of social empirical analysis, comparative analysis of semantic analysis, logical analysis, value analysis and interpretation of science and other methods of proof. The paths of specific analysis are as follows:The chapter one seeks to define and explore administrative actions, the validity and the content of administrative actions. Among them, we also discussed the relationship between the effectiveness and legitimacy of administrative actions. In short, this chapter mainly laid the foundation of this concept and theory for the subsequent chapters.Chapter two discusses the theory on the comprehensive source of the validity. Because the law is the entity of the form, the facts and the value, it is necessary to the introduction of“Integrative Analysis Methodology”. Thus, the validity source is integrated, is the unity of the form (rules) source and the real source, is the unity of norms, values and facts, that is, the comprehensive source of the validity.Chapter three explains theoretical basis on comprehensive sources of the validity. We discuss that the value, norms and the fact is how to come into the source of the validity in varying degrees and in different ways. This chapter also discussed the way and infrastructure of the reunification between values, norms and facts.Chapter four aims to explore the form (rules) sources of the validity. Focused on three issues: First, why does the law because the source administrative acts in form? The other is that the force of law is how to convey administrative action. The third is the relationship between the form (rules) sources of the validity and according to law.Chapter five is to discuss the real sources of administrative action validity. First of all, that the limitations of the form's sources of administrative action validity. secondly, on the basis of Duguit'the theory of social associations, we discuss that the rule of law or principle of objective law based on social associations is the foundation of the real source of the validity; Third, the public service is the core principle of the rule of law, also is the real sources of the validity. Fourth, under the guidance of the General Theory of Knowledge, we discuss how to set up public services.Chapter six aims to discuss the relationship between the real source of administrative action validity and the rule of law in the executive. The rule of law in the executive not only emphasizes the role of rule, but also pays attention to the factors of value and fact. It is in that the rule of law, in administrative law is a wide range of sources, not just limited to this level of the formulation, also including customary law, international law. Not just limited to the Rules, also includes legal principles and the spirit of the law and so on.Chapter seven focus on the application of theories about the comprehensive source of administrative action force. The rule of law in the executive and the content of administrative action force between closely related. The emergence, change and end of administrative action force is the results of the common acts of value, rule and fact, leading to the application of the interests of measuring.Chapter eight is the conclusion. it should be the introduction of law hermenenutic, in the course of the study of administrative action validity and its sources, and administrative law. law hermenenutic's normalization, neutrality and objectivity want to ensure that the rational results of law hermenenutic (including the interests of measure) has been accepted by majority of people.