Definition And Its Law Of Administration Fact Behavior Relieve

The administrative fact behavior is the administrative jurisprudence important concept theoretically, but cannot obtain the administrative law scholar's value for a long time, therefore has not formed the unified view until now to the administrative fact behavior's concept. This article first part elaborated the domestic and foreign administrative fact behavior has the background as well as to its limits, makes the theory upholstery for the second part, The second part of research administration fact behavior's elementary theory, the analysis compares various scholars to the administrative fact behavior concept limits, the classification and so on, profits from them to the administrative fact behavior research results, summarizes to the administrative fact behavior concept limits. Myself favor thought that the administrative fact behavior is the administrative main body the implementation behavior which, the precautionary measure in the implementation administration service management, the fulfillment responsibility makes and does not affect the administrative relative person rights and obligations the cognition expression behavior. Its basic classification is divides into the implementation behavior, the precautionary measure, as well as the cognition expression. Moreover it does not have the potency appraisal only then illegal and the legitimate judgment. Because the administrative fact behavior is also the government administration's method, will possibly violate the administrative relative person's right in the judicial practice, therefore third part of selective analysis administration fact behavior legal relief. Reconsiders, the administrative proceedings, the administrative compensation, the administrative compensation to our country administration and so on present situation to carry on the analysis emphatically, and proposed that consummates these legal relief way and the way specific measures. For example the expansion administrative proceedings, reconsider the document scope, the formulation compensation laws and regulations, are consummated the inquiry system as well as increase to the administrative fact behavior the cancellation decision and so on. Manages state affairs according to law under the idea instruction in Contemporary China, any Administrative organ's administrative action should integrate the legal rules and Increases obtains pays the decision and so on. Under this background the administrative fact behavior must look like the legal act equally the legal adjustment. Therefore this article attempts to limit the administrative fact behavior concept, as well as consummation to administrative fact behavior legal relief.