On The Effectiveness Of The Specific Administrative Act

This article aims at discussing the binding effect of concrete administrative act. It consists of 53,000 words.Part I is a brief introduction to binding effect concrete administrative act. By comparing definitions of concrete administrative act between civil law system and common law system, the author brings out his own understanding on concrete administrative act. Then the author analyzes the backward study on legal effect in jurisprudential circle, and puts forward to his views on legal effect. Finally the author discusses the meaning, characteristics, the difference between the binding effect of concrete administrative act and that of other administrative act, and the current study on the binding effect of concrete administrative act.Part II discusses the constitution, effectiveness and legality of concrete administrative act. The author respectively states the meaning and requisites constitution and effectiveness, and the meaning and requisites of its legality.Part III discusses the contents of the binding effect of concrete administrative act. By adopting the popular theory of administrative law circle, the author discusses the contents of the binding effect of concrete administrative act, mainly discussing the special rules relating to supposed effect, unchangeable effect, constraining effect and executive effect of the concrete administrative act.Part IV discusses the invalidation of concrete administrative act. This part discusses the meaning of invalidation and the dividing line among invalidation, non-existence and abolishment of concrete administrative act. And then the author designs the model of invalidation in China by comparing.Part V discusses the recall of concrete administrative act. This part discusses the meaning of recall and the dividing line among recall, withdraw and abolishment of concrete administrative act. And then, the author discusses subjects, reasons, limitation and legal consequence.Part VI discusses other questions of the binding effect of concrete administrative act. This part discusses the system of abolishment, change and rectification.