The Investigation Of The System Of Ratification Of The Administrative Action

The ratification of administrative action, which"heals"the flaw of administrative action, is the curing of illegal administrative action. This system comes into being conformed to theories of modern administrative law, it has long existed in many Administrative procedural Code in civil law countries, and has played a unique role and function。But the question of its concept,subject condition of applying,rule of going into effect there is short of a uniform formulation in the Administrative procedural Code in all countries. The weakness of Chinese traditional conception of nomocracy delayed the legislation of administrative procedure. At present there are no contents about this system in our national legislation and administrative theory, so we need absorb the legislation and administrative theory in other countries to establish our own system of the ratification of administrative action. This thesis is about to make the system clear and hackle the relative matters through the studying of it. Basing on the studying of the Administrative procedural Code in other countries, we can form our own system of the ratification of administrative action. This thesis includes five parts:The first part of the thesis introduces the theory of the ratification of administrative action. On the first step the author defines the concept of the ratification of administrative action; The second step is to define the extension of the ratification of administrative action, to make the types of flaw administrative action clear, and to make sure which flaw can be ratified; The third step is to discuss the character,subject, way of taking effect,the legal result of the ratification of administrative action, to discuss the positive and negative factor of applying the ratification of administrative action, and to differentiate and analyze the reason of the rule of its going into effect. In the end , to enhance the understanding and awareness of the concept of the ratification of administrative action, the author makes a comparison among systems of the force of the flaw administrative action, to explain their character of not being substituted, and to make sure which condition can arose the action of ratification.The second part of the thesis explains the theoretical basis of the system of the ratification of administrative action. The author regards it comes into being conformed to the process of administrative law evolving from tradition into modern. In particular words, the ism of essential nomocracy,the principle of trusting interests,the objectives of fairness and efficiency,the principle of confirming power about administrative action and the principle of administrative economy are the basic theories of the ratification of administrative action.The third part of this thesis compares the ratification of administrative action to the ratification of the civil action, and uses if for reference. Through it we can understand the ratification better.The forth part of this thesis analyses the ratification of administrative action in other national legislature. On the first step, the author studies and compares the Administrative procedural Code in civil law countries; then investigates the feasibility of establishing the ratification of administrative action in our country, points the questions and flaws of the current regulations of our national system, and discuss the possible disputations on the ratification of administrative action.The fifth part of this thesis explains the way of establishing the ratification of administrative action in our country, brings it should be regulated in the Administrative procedural Code. Basing on the foreign relative experience of legislature, the author makes the primary assumption clear, and claims it should be imported to the judicial verdict.