Theory Invalid Administrative Act

The theory of invalid administrative act is an important problem among the administrative act theories, it is a category for having particular connotation, and how to deal with that problem to involve the opposite administrative person's legal rights directly. The system of invalid administrative act in the weak position among the study of Chinese administration academic theories. The theoretical study and systematic construction in china is just at the stage of beginning. Therefore, many theoretical problems exist blank page. This thesis, from its present condition, tries to study this system completely and thoroughly.This thesis, from the conception, existing theoretic basis and its relative systems, illustrates the significance of establishing this system, and some formulations of invalid administrative act and also put forward to appeal the produce of the united administration procedure law so that Chinese administration can be in the stage of ruling by law. This thesis can be divided into four parts.Part I is about the concept of invalid administrative act. In this the different characteristic of the concept of invalid administrative act are introduced, and how to clarify the invalid administrative act is also introduced. For the purpose of grasping invalid administrative act accurately, this thesis distinguished invalid administrative act from related concepts.Part II is about the theories foundation and related systems of invalid administrative act. The theory's foundation of invalid administrative act system is the limited determination theory, and this institution is a challenge to the determination of administrative act. The identification standard, the classification and the law result of the invalid administrative act in related system are also illustrated to grasp and identify this act easily.Part HI is about the present condition of invalid administrative act. The present conditions of the theory of invalid administrative act in our country and other nations and regions are expounded to explain the defects of this theory in Chinese legislation and theoretical study.Part IV is about the significance and propose of establishing the invalid administrative system. Because the research at present is in a certain the beginning stage for the system of invalid administrative act in our country, and some detailed provisions are short of, so the establishment of invalid administrative act system is a problem that should be resolved for the development of the administration legal system. In view of present, conditions of invalid administrative act should be stipulated clearly in Chinese future unified administration procedure law. The theory's study will have profound theoretical and practical significance for the establishment of Chinese socialism ruling by law.