Research On The Conversion Of Administrative Action

The conversion of administrative action is one of the legal remedies of illegal administrative action, at the same time it is also a form of legal liability of administrative subject. The generation of this system is a corollary of the maturity of the value of administrative procedure, which embodies the spirit of modern administrative procedure. The conversion system which is accord with the economical principle of the administrative procedure avoids the waste of administrative sources and protects the faith benefit of administrative counterpart by using the legal part in the illegal action. The conversion of administration, as a form of legal liability ,has long existed in many Administrative Procedural Code in civil law countries, and has played a unique role and function, the superiority of which can not be replaced by other ways such as the invalidation, repeal or modification of the administrative action.Some scholars think there is conversion system in our administrative law and regulation, such as remaking administrative action, but the author thinks this opinion needs to be deliberated. It is necessary to define the intention and restriction of conversion system. It is necessary to learn and adopt the advanced ideas and legislation of foreign countries in order to build the uniform system of the conversion of administration and establish the foundation to perfect the legal liability system of illegal administrative action in China.This thesis can be divided into four parts.The first part of the thesis defines the concept of the conversion of administrative action. On the base of comprehensive comparison of various perspectives of domestic and foreign scholars on it, the author makes it the definition: Some illegal administrative actions which are accord with some restrictions, if we look them in other visual angles of other administrative actions, some subjects who have the power can convert these illegal administrative actions into legal ones. To enhance the understanding and awareness of the concept of the conversion of administration, the author makes a comprehensive comparison with other forms. The second part of the thesis explains the theoretical basis of the conversion of administrative action and the practice value. The author regards the theory of administrative procedures value, the principle of administrative faith benefit protection, the objectives of fairness and efficiency as the theoretical foundation of its generation. Meanwhile, the author explains the important significance of this system to defend the stability of legal relation and to save the limited administrative resources from the practice angle.The third part of the thesis analyzes the object and the other restrictions of the conversion of administration system. The author defines the object from the macroscopic view and the microscopic view. And then analyze the conversion restrictions on details.The final part of the thesis expounds the idea of establishing the system of the conversion of administrative action in China. Firstly, the author numerates the law of conversion of administrative action in foreign lands. Secondly, compare the legislative practice of civil countries, especially the premise, the scope, the force and the restriction. Thirdly, this part analyzes the present condition of legislation and research of legal remedy, and then dialectically analyzes the present theory about conversion in our country. Point out the shortcoming of our legal remedy system and the necessity to build the conversion system of our country. Lastly, we should grasp the chance to study some relevant legislative experiences of foreign countries to develop the system of the conversion administration and take the conversion administration into the system of Chinese administrative law and regulation, which could form a liability system of administrative procedural violation together with the invalidation, repeal or modification of the administrative action. The author also presents a viewpoint on how to build the system of the conversion of administration in China.