On The Componential Elements Of Administrative Act

The science of law related with continental law system is distinctively featured by revolving around concepts and building a wide-ranging and profound system of the science of law upon the concepts. Therefore, as the core concept in the science of administrative law, the administrative act, the creation of the theory of administrative law in the 19th century, has been the focus of the research done by the science of administrative law for a long time. Nonetheless, there has existed much controversy over the academic comprehension of administrative act.Following the probe into the origin of the concept of administrative act as well as the discussion of its componential elements, this paper points out that although there is still some difference, domestic administrative law, to a great extent, inherits basic theories of the doctrine of administrative act adopted by countries of continental law. As the concept of administrative law in domestic administrative law, four doctrines are advanced viewing the comprehension of the concept of administrative act in the widest sense, wide sense, marrow sense and the narrowest sense, among which the doctrine in the narrowest sense is the common one, which interprets administrative act as the act with legal effect conducted by administrative subject when exercising administrative power. As for the ideas, Administrative act is considered to be composed of three, four or five elements in different ideas. The common doctrine treats it as the integration of the elements of subject, power and law.In accordance with the common doctrine towards the concept of administrative act and its componential elements, this paper further reveals that in the academic discussion of the componential elements of administrative act, the discussion of the elements of subject and power can be traced to the same origin with "the theory of power separation". The element of law refer to "the effect of administrative law", including "the effect of both inside and outside administration" but excluding "the effect of administrative suit law". Although this paper still confirms the value of the theory about the science of civil law, which is taken by the theory of the science administrative law for reference, the element of should no longer function as the core concept of administrative act in contemporary times when the science of administrative law keeps developing to become perfect. Besides, the paper reveals reasons for the disapproval of other elements, that is, the elements of legality, form and other-party, in a brief way.