Administrative Behavior Correction System

The system of the remediation of administrative action is an important subject in the domain of administrative law, also one kind of brand-new system. It appears with the evolvement of administrative law from the tradition to the modern age, therefore, it inevitably contains much administrative law idea which has the spirit of the age, compared to former idea. Many countries and areas, such as Japan, Germany and Tai Wan all recognize this system, They not only has been theoretically conducting thorough research and discussion about this issue, but also has formulated corresponding statute in the legislation. However, at present, the comments and reviews about the system are extremely rare in Mainland China, let alone the thorough and systematical research. For this reason, this article intends to search and reorganize systematically the theoretical achievements in other countries and areas, and use them for reference to build up our theoretical and legislative frameworks of the remediation of administrative action and provide concrete suggestions for legislation.This article consists of three parts including introduction, main body and conclusion.The introduction briefly summarizes the background of choosing this title, the duty and significance of this research.The basic structure of the main body is as follows:Part Ⅰ ,the definition of the remediation of administrative action. This part mainly defines the connotation of the remediation of administrative action. Through analyzing its linguistic meaning and referring to the scholars' analysis on it at home and abroad. The author points out that the remediation of administrative action is to remedy its slight defect in the procedure by the administrative subject according to law, and regard it as the legitimate administrative action. In order to grasp the connotation of the remediation of administrative action clearly and accurately, this article further defines its difference with the correction and conversion from the extension.Part Ⅱ ,the legal background of the remediation of administrative action and the value and idea it contains. This part mainly solves the question what's the basic of its being and existing, namely its right and rationality. As one kind of brand-new system, the value and idea which contains has five aspects as follows approximately: the unity of method...