On The Administrative Factual Act And Its Remedies

This paper analyzes and discusses the administrative factual act and its remedies . The paper is divided into three parts, the introductory, main body and supplementary, which totally covers around 47,000 Chinese characters.The paper has three chapters. Section One of Chapter One tracks the origin and expansion of the administrative factual act theories, summarizing its birth in Germany and development in France, Japan, the Mainland and Taiwan of China. Section Two peeps into the different viewpoints on administrative factual act, categorizes them according to their respective theoretical bases, and makes out the core controversial issues.Section One of Chapter Two focuses on the theoretical and practical value of the administrative factual act. Section Two reviews the theories of the Juristic act, legal act on the jurisprudence level and administrative act, which have great impact on the birth and development of the administrative factual act theory. Section Three comments and criticizes the aforementioned theories and analyzes issues that those traditional theories create in litigation practices. Based on criticism and revision of the traditional administrative factual act theories, Section Four re-defines the administrative factual act and elaborate on it through case study.Section One of Chapter Three discusses the necessity of remedy in administrative factual act and Relevant legal mechanism. Section Two does a comparative study on the remedy mechanism of major civil law states. Section Three studies the current situation of the remedy mechanism in Mainland China, and proposes a feasible legal framework, following experiences of relevant states.