Research On Defective Administrative Acts

The Defective Administrative Acts are acts of civil law countries in the Theory of administrative problem,a new system of the field of administrative law.It is accompanied by the emergence of administrative law from the traditional to the modern evolution of the process;it is bound to contain much more time the spirit of the concept of administrative law than ever.Whether the relative protection of the rights of the people,the promotion of the transformation of people's consciousness of right,or on the road in the administration of the rule of law in China,the Defective Administrative Acts has great significance.Theories and related systems of The Defective Administrative Acts in Germany,Japan and Taiwan and other countries and regions are to be recognized,not only in theory,carried out in-depth study and exploration,but in reality also improved legislation and law enforcement practice.However,in the mainland of China,the theoretical study of the works are rare,even if there is only involved in a rough,have not yet reached the level of system;on a lack of corresponding legislative provisions,with the result that the law relative to empower the people can better achieve rights.Choose the subject of this article,the hope is that organize the system of the existing research results of Chinese and foreign,on foreign-related legislation in reference to the theory,and learn from our country the rule of law in close connection with the practice of administration for the Defective Administrative Acts in our country act build a theoretical system and system to provide theoretical support and specific advice.This article is divided into four parts to research the Defective Administrative Acts.The first part is the theory of the Defective Administrative Acts Interpretation.The main core of mission of this part is to answer the problem of "What is the Defective Administrative Acts ",it can be said of the concept of the Defective Administrative Acts is the soul of the system of the Defective Administrative Acts,as it relates to the Defective Administrative Acts of the system behavior and structure.First of all,this part explores the base theory of the Defective Administrative Acts-The existing concept of administrative acts of re-positioning of austerity.The second flaw to explain the academic of the Defective Administrative Acts and pointed out the existing research errors.Administrative actions will be followed by the logic of the traditional dichotomy paradox as a starting point,the Defective Administrative Acts to be defined.At last,this part conducts a concrete analysis of the constituent elements of the Defective Administrative Acts.The second part is the extraterritorial acts of practice of the Defective Administrative Acts.This section explores the status of research and practice of the Defective Administrative Acts to do a comparative specific study.Specific selection of Germany,Japan and China's Taiwan,countries and regions from the study of the Defective Administrative Acts to find out on our country,inspired this research and practice to learn from and draw on beneficial results.The third part is to determine and classify the Defective Administrative Acts. Determining the Defective Administrative Acts relates to the main judge,the basic and the effectiveness of the acts,the first part of the system is to answer these questions,as the basic premise of rational analysis.Subsequently,in accordance with the criteria for the severity of the division of the type of the Defective Administrative Acts,this standard of conduct put the Defective Administrative Acts into the errors Defective Administrative Acts,the inappropriate Defective Administrative Acts,the "general law" Defective Administrative Acts and the "serious and obvious" Defective Administrative Acts.The forth part frames the System of the Defective Administrative Acts.At the continuous development of society today,the role of administrative acts and categories will continue to increase,how to structure the system of dealing with the Defective Administrative Acts mechanism to ensure that the Defective Administrative Acts to have a flawless result,is very important.This section is in close connection with the situation of the rule of law in our country,first of all,there are some common principles guided by the four kinds of the Defective Administrative Acts.The flaw for the different characteristics of the four categories to build a reasonable system of treatment,with a view to legislation,law enforcement and judicial practice,to develop a set of specific,operational standards and the basis.With a view to built legislation,law enforcement and judicial practice,to develop a set of specific,operational standards and the basis.In short,this article would like my country at the current operation of the executive power of the framework,the Defective Administrative Acts on the flaw has a full understanding,and there is a good mechanism to identify and distinguish between.At law or under the protection of the system,so that through a variety of the Defective Administrative Acts reasonable way to deal effectively with a view to ensure that the legitimate administration and rationality.In order to be able to promote the administration in accordance with the law under the rule of law and building a socialist country,the building of a harmonious society must have a positive significance.