Actual Administrative Behavior Actionable Research

This paper is completed with the aim of analyzing further the litigable nature of the administrative factual behaviors in hopes of providing more practical ways for the opposite part to protect their benefits legally.This paper is divided into five parts, including the introduction part,the main body and the supplementary part, covering totally an amount of 36,000 Chinese characters.In the first chapter, it mainly makes a theoretical statement about the administrative factual behaviors. Section one generalizes the various ideas among the scholars from home and abroad. Section two generalizes the main features of the administrative factual behaviors. Section three states the various categories posed by the scholars. Section four states the legal principles of the administrative factual behaviors.In the second chapter, it mainly generalizes the theories about the litigable nature of the administrative factual behaviors. Section one analyzes conceptually the litigable nature, and discusses about the importance of conducting properly the relationship among the judicial organs,the administrative organs and the opposite part. Section two specifies the accusable principles of the administrative factual behaviors, such as presumption of the reviewability, etc. Section three puts the emphasis on the analysis of the practical value of the litigable nature of the administrative factual behaviors, and the experiences that the countries abroad have together with the valuable practice home will be instrumental in realizing the litigable nature of the administrative factual behaviors. Section four further puts forward with the litigable nature of one of the administrative factual behaviors, that is, that of the Administrative Guidance Act in order to confirm the importance and necessity of realizing the litigable nature of the administrative factual behaviors.In the third chapter, it mainly gives some suggestions about the ways to guarantee an overall remedy for the opposite part in the cases of infringing their legal rights and benefits. Section one states the necessity of ensuring the independence of justice, which plays a key role in the course of lawsuit of the administrative factual behaviors. Section two holds that the establishment of the administrative procedure act will provide reliable references for the lawsuit. Section three holds that an adoption of gentle and close ways of behaving is aimed to change the traditional ideas of implementing the administrative task, which will undoubtedly result in the decline in the amount of the cases where the administrative organs infringe the opposite part's benefits. Section four suggests the introduction of the conciliation proceedings, which will be helpful to improve the efficiency of the conducting the lawsuits.In the fourth chapter, it makes detailed discussions about the legal ways of realizing the litigable nature of the administrative factual behaviors. Section one gives an overall introduction of the ways of remedies. Section two generalizes and analyzes the litigable nature patterns, primarily including the confirming decision,the giving decision and the withdrawing decision, and poses different views from different angels. Section three puts forward with the various ways of assuming responsibility in response of the illegally administrative factual behaviors for the purpose of get a proper balance between the administrative power and legal benefits of the private rights.