The Primary Discussion On Administrative Plan

Administrative plan is a kind of special administrative act. It has the following characteristics : discretional, policy-orientated, various, negotiable, mobile. Administrative plan act always exits in the intense relation between mobility and stability. The characteristic of administrative plan determines that it should be regulated primarily through procedural law. As the content of administrative plan is complicated, the thesis focuses on the plan of exploitation of land and the space above it.This thesis is divided into five parts. The first part is introduction in which some confused concepts are distinguished. The second part is the basic theory of administrative plan. It mainly discloses the connotation and particularity of administrative plan. The third part is the procedural theory of administrative plan. It introduces the working-out procedure of administrative plan and distinguishes two different administrative plan constituting procedure. The forth is the judicial remedy theory of administrative plan. It includes the remedies to the decision act of administrative plan, procedural defect and right of petition engendered after the establishment of administrative plan. The last part draws a conclusion that we need the theory of administrative plan to guide the practice through analyzing a few typical examples in reality.The comparative analysis method, the logic-analysis method, the value-analysis method and positive analysis method are the main methods in this thesis.