On An Invalid Administrative Act

Invalid administrative behavior is an important content of administrative behavior theory and origins from continental French system countries such as Germany and France. Because our academics do not separate and analyze the false administrative behavior from it when importing the theory, invalid administrative behavior theory cannot apply to our country's reality and it arouses wide arguments and discussions.The essay explores the invalid administrative behavior in five parts.First part: introduction of invalid administrative behavior. First, "administrative behavior" is defined and it is our country's specific administrative behavior (including internal administrative behavior which affects the rights and interests of relative people) it is considered that the judgment standards of invalid administrative behavior is an "especially big and obvious flaw" after absorbing the "Impossible theory". Then, it makes a comparison about current situations of this theory and system between Germany, France and Japan. The identical and different points are found. "Obvious" among "especially big and obvious flaw" counters administrative relative people and interested person with normal reason instead of any unit or individual; then, it analyzes types of reasons resulting in invalid administrative behavior. Last, the relations are analyzed between false administrative behavior, cancelable administrative behavior and invalid administrative behavior.Second part: theoretical basis of invalid administrative behavior. After analyzing the theories of resistance rights, legitimate defense and administration by law, it is concluded that invalid administrative behavior is the typical result of public interests and balancing of individual interests. Its theory basis is balance theory.Third part: discussion about effects of invalid administrative behavior. First, it analyzes the effects the invalid administrative behavior should have had; its essence is protective force and has nothing to do with its legitimacy. On basis of it, arguing that as invalid administrative behavior possesses administrative behavior outward appearance, so it has its capability of deciding and official force. The administrative and judiciary conformation procedures established according to invalid administrative behavior is in fact the typical expression of accepting its official force. The analysis is made on the lack of unchangeable power of invalid administrative behavior according...