The Research About Administrative Real Act And The Relief

With the change of government functions, service administration in our life plays an increasingly important role, but also more and more of our daily life. While in ministrative theoretical research and still relatively lag in real-life ministrative looking after a child is increasingly being raised on ministrative concern. Due to the writer only in their own knowledge and see far ministrative and relieving and legal system, and so made to a superficial knowledge of.Ministrative we can read:and administrative legal act correspond to be the executive authorities and their staff as well as the laws and regulations of the Organization, authorized by the Council of administration and management process, implemented in a non-to set up, change or eliminate the rights and obligations of private parties, and is based on the provisions of the law and not parties'wish have certain legal consequences.Ministrative with administrative, parties'wish and noaconsjstence of the legal consequences, form of diversity, that are not deterministic characteristics.As a result of ministrative style of diversity, ministrative has so many different external manifestation, and in the aecademic sector ministrative's classification criteria are not all the same, and all the scholars for the classification of ministrative also ofdifference Division. If any of the factual action is divided into perform sexual practices, notification, consultation and other construction, maintain behavior; the ministrative divided into law with the fact Act, in fact damage as a result of the fact Act, non-infringement of rights; some will ministrative divided into day-to-day implementation of the activities of factual action, execution of factual action, not into the provision of information and notification, administrative informal administrative act, but also of the ministrative is divided into the right of factual action and non-rights of facts; others will be divided into ministrative representation, noknow, fact job execution behavior. Due to the writer will ministrative is divided into auxiliry ministrative and inform-ministrative,service-orientedministrative, law of the other ministrative.In the captalist period, laissez-faire principles is a social mainstream, people think:the Government of the less the better regulation of the market as the economy leverago plays a comprehensive and critical, the Government simply play watchmanmakes " " role, the market will adjust to economic development, without government intervention. At this point in the legal profession was the subject of legal darwinion. In the opinion of the legal Darwinism:" without any constraint of freedom, in order to prevent someone else from victims. The law just as nature itself, you must comply with the principle of natural selection. Society as a whole, regardless of whether you, or have you personally, to be able to control through out the Government's free and its highest development. " in the legal theory under the guidance of the Executive law only provides for management of the conduct of such acts in the strict legal rights and range. But the outbreak of the 1930's global economic crisis, breaking the myth of the universal market, people at this point, anxious that the Government can actively intervene in economic life, in the Government's intervention, the speedy, and brought it back to the community in the prosperity and stability. In this economic environment, people thought of great changes have taken place, the change of administrative function, the expansion of government functions and powers as people are increasingly concerned about the topic.In 1928 the Weimar Republic famous jurist yelu Limerick in the German administrativelaw spectroscopy》, first put forward the concept of ministrative. He proposed that the Executive is divided into public administration and public administration of the National Treasury, to a high administrative and Executive and simplicity to a high administration. Medlastlal to a high street Executive, such as construction, green space, the construction of incinerators or troubleshooting of traffic accidents, and so on. This is what we are now talking about ministrative. Yelu Limerick coming up with a simple administrative act, the high authority did not object to the concept of the definition of the meaning clear, just list belong to this type of behavior. Raised in different times Limerick medlastlal to a high administrative action, this behavior has become a separate concepts exist, much due to the attention of scholars.Infringement ministrative refers to the executive authorities and their staff as well as the laws and regulations of the organization that is not authorized to set, change or eliminate the rights and obligations of private parties, made in the exercise of administrative authority, ministrative objectively caused private party's personal or property damage. Due to the writer of the view that the infringement ministrative doctrine should be based on the principle of fault liability, Mr Tsang pointed out the principle of liability without fault. First of all, to fault liability principles to determine damage as a result of the attribution of responsibility, follow, whether in the civil law, criminal law or administrative law, fault liability principle is the most common and effective doctrine. Make infringing the main ministrative are in students'subjective with a certain degree of fault, fault liability doctrine in tort ministrative principle of liability should be the first in the villagers'participation principle. Secondly, the fact that the subject did, we can see that whether the principal is workers'individual or an organization, but in the final analysis, the behavior of specific operators must be the measure of the strength of the individual, the individual's subjective fault is feasible, but also necessary, in practice logistically. Finally, take into account the infringement ministrative imputative principles and civil law, the principle of liability in criminal law have differences. In tort ministrative legal relationship, both sides is the subject of inequality between the tortious conduct and is the privilegedat side of the private rights are vulnerableto in the principle of liability without fault to fault liability principle, favourof in tort ministrative legal relationship between the protection of private rights and interests.In fact, in theory, of any act or activity, the ultimate goal is to make the behavior can better perform its functions, in other words, to make the behavior play a useful role, but try to avoid its harmful side. But we, if this behavior of the legal rights of others, so what should you do?, prossing is the most throughout the study. Research ministrative, too. Because of legal requirements on ministrative fuzzy to make reguration ministrative seemed weak, ministrative andshannxi counterpart's legitimate rights and interests of things to happen, but a dozen times that damage to private parties have nowhere to turn, as the rules of law relating to the defective prejudicial to private parties to protect their legitimate rights and interests set up obstacles, making the road of recourse to appear a long and difficult, which arouse our concern. Due to the writer sees the infringement ministrative stand part of the administrative review, administrative proceedings and to the extent of State compensation in order to maximize a guarantee that the private party's lawful rights and interests.