Research On Unenforceable Administrative Act And Its Indeminity

Along with the developing of administrative legality in ourcountry in recent years, the scope patterns, limits of authority andthe system of relief over administrative act are more and moreemphasized. As traditional administration generally means ruled,burdened administration, which act ought to be done bygovernment or ought not to is sharply divided since it is ruled bylaw. But today's administration pays more attention to supply andservice in administration and the power boundary and scope ofadministrative act continuously extends. Meanwhile, the operatingway of state act weeds through the old to bring forth the new:goverment contract, administrative guidance, administrative supply,administrative reward and so on have been extensively applied. Soit is very necessary to provide such new types of state act with legalregulation. But up till now the theories about administrative act arebased on the viewpoints of traditional administrative law.According to these old viewpoints, administrative act is a legalaction which is put by administrative subject on private party viaadministrative power. Consequently, this act has such natures asunilaterality and enforceability. However, the new types of state actdon't possess administrative power and haven't those naturesmentioned above. Thus most people believe that the new types arenot administrative act, but factual act in administration. Part ofthem are something of administrative act with factual actcharacteristics at same time. As a result the new types are beyondor partly beyond the law. But the author have objections. After combining the researchachievements around the world with the tendency of administrativelegality in our country, the writer think the new types of state actare mostly administrative act. The conception of administrativepower needs extend and the natures about unilaterality andenforceability should be discarded. In contract with the traditionaltheory of administrative act, the writer put forward a new theory ofadministrative act named the unenforceable administrative actpattern. Following with this, the author also discuss the indeminityproblem if the new types of administrative act break the law andbring about damages.