The Legal Nature, Regulation And Relief Of Integral Behavior

Integral action is the subject of administrative to make relative to the score, to form relative to the behavior and related conditions are evaluated and be accumulated, may lead to the occurrence of specific administrative acts. Integral action is the administrative behavior under the new concept, which legal attribute is public, intermediate, binding, independent. Integral action can improve the efficiency of administrative management, enhance the persuasive and self binding.Legal documents of different levels have the right to set integral action. Local regulations set administrative integral can be under the law, administration regulation and local legislature. It can also set the integral action for manage admin section in the area. Regulations can set the integral action to refine the provisions of the law when the laws, administrative regulations and other laws have provisions, the integral action of regulation relates to administrative punishment, can only be prescribed in the law on administrative punishment condition, type and range; Administrative provisions set integral action should follow the legal authorization permission, the limit of job, the limit of affairs power, and shall not create integral action related administrative penalties.Setting administrative integration should pay attention to public participation, expert argumentation, pilot survey program. The subject of administrative should follow the principle of statutory procedures, the principle of open, the procedural fairness when the administrative integration to be implemented.The integral behavior although do not have legal effect on the relative directly, but it can cause specific administrative act to influence the relative person’s rights and obligations."Administrative review law" shall cancel the way of the list certainly from legislation, adopt the general type and negative list approach, the scope of accepting cases should break through the limitations of the specific administrative act, expanded to the rights which affect administrative obligation; integral behavior is a final independent administrative behavior which is capable of generating effect on the behavior of the party concerned, therefore, the integral behavior can be subjected to judicial review. The scope of accepting cases of administrative litigation should be expended.