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The Effectiveness Of The Specific Administrative Act Research

Posted on:2004-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z W LeiFull Text:PDF
GTID:2206360095950384Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative act validity is a fundamental of administrative act The further study of this question is of great significance to put forward the theory and the legislation of administrative act, to promote administration by law. The essay takes the constitution and the legality of administrative act as the point of tangency, which consists of 3 parts, about 34,000 words.Part I . Administrative act and the administrative act validity. Administrative act belongs to public law act, which bears the characteristics of public welfare, service, subordination to law, one-sidedness, compulsion and procedure. The validity of administrative act comes from the law, which is a kind of legislative protection to the administrative act, including the validity of presume-legal, invariableness, restriction, and the validity of fulfillment.Part II. The essentials of constituting administrative act and the essentials of administrative act inexistence. The constitution of administrative act refers to the legal existence of administrative act, the essentials of which include the four major aspects, such as administrative subject, right, law and form. The non-administrative act doesn't have the validity of administrative act, although it bears some similar characteristics of administrative act.Part III . Legal essentials of administrative act and blemish administrative act. Legal administrative act refers to the conformity of administrative act to the prevailing law. The legal essentials of which include subject legality, act jurisdiction legality, act content legality, act procedure legality and act form legality. Only legal administrative act can bring about complete and essential legal, while illegal and blemish administrative act will affect its validity and cause its invalidity, or maintain rescuing its validity by transference, subsequent confirmation, supplement and correction.
Keywords/Search Tags:administrative act, the validity of administrative act, the constitution of administrative act, the legality of administrative, the inexistence of administrative act, the blemish administrative act.
PDF Full Text Request
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