Actual Administrative Behavior Relief Study

With pays the administrative development along with the country to the service administration, the government relies on the administrative fact behavior to realize the executive functions more and more, the administrative fact behavior role is even more important. The administrative fact behavior is one kind of authority behavior is the dispensing justice behavior, must receive legal the restriction, and follows administration according to law's basic principle. Integrates the administrative proceedings the administrative fact behavior the document scope is the modern administration government by law development request inevitably, is also to give the administrative relative person to provide the full relief the need.This article is divided three chapters:The first chapter administrative fact behavior limits. This chapter inspected the mainland legal system country and our country to the administrative fact behavior limits, simultaneously inspected with the administrative fact behavior related concept, based on this, has carried on the experimental summary to the administrative fact behavior concept and the characteristic. The characteristic includes:must make by the Administrative organ; must be the Administrative organ exercises the civil rights strength behavior; must be the behavior which to the specific citizen, the legal person or other organizations makes; must produce the direct legal results; must be the folk remedy behavior which the Administrative organ makes. From the cheap discussion administration fact behavior relief related question, introduced three kind of administrative fact behavior:Carries out the sex act; Daily construction, maintenance behavior; Violence abuse of authority.The second chapter our country administration fact behavior relief present situation. Introduced simply has the representative national administration fact behavior relief system, mainly has carried on the inspection from the practice angle to our country administration fact behavior relief system present situation.The third chapter constructs our country administration fact behavior relief system. Profits from outside the territory the relief system, and in other people achievement's foundation, proposed that from the expansion the document scope, is relaxed the plaintiff qualifications, to consummate the decision way and the administrative compensation lawsuit system and so on four aspects, elaborated that constructs our country administration fact behavior relief system's opinion.