Administrative Act

Nowadays administrative act theory is being recommended by many scholars, but the theory is a product of the times. In a democratic society under the rule of law, the theory is on the contrary of the spirit of the rule of law and administrative proceedings, onus system and other systems of conflict, the public does not have the theory for the building of the rule of law in our country needs. China should abandon the theory, in theory anyone abandon public, the existing administrative effectiveness theory, the same can guarantee the efficiency of administrative actions to ensure the implementation of the executive power of patent, the existence of the defect through administrative procedures. executive compensation means perfect, but it is entirely within the administrative requirements of the rule of law, therefore, abandon the theory in the determination of the current practice of the rule of law is rational and feasibility of the public.This paper is divided into three parts:Part I: through the administrative practices of the concept, characteristics, historical origins and development, Several classification perspective, the traditional theory of the determination of a comprehensive, clear presentation to the readers. This section details the determination of the main connotation-- presumed legitimate kernel; The second section describes the determination of the characteristics -- a unilateral first qualitative; again through its historical origins of traces, leads to the determination of the background -- the era of state authority; Finally, the determination of basic theory and the effectiveness of boundaries as the basis, on the theory the determination of the classification. Part II : From the analysis of the start, as anyone in the public is fixed on the blank theoretical basis for the shortcomings of their university inadequate, and administrative effectiveness of the other non - relevance, with the fundamental concepts of fairness and justice and the spirit of the Offensive in the proceedings, the burden of proof to a conflict of exposition, Theory shows the determination of the non-scientific ontology, Lastly, the rule of law and the spirit of the times the level of progress made bold to the public a comprehensive theory anyone comes.Part III: If the theory is abandoned, there will be a better method or way to play the role. In this part, the author focuses on the theory and legislative levels in the rejection of the theory triggered by the relevant issues, The idea of binding to determine, the implementation of the three administrative actions to achieve the effectiveness of the theory remodeling ideas, even raised through the establishment of the prosecution does not stop the implementation of the principle that courts handled administrative authority for enforcement of the conditions and deadlines, provides that the court in exceptional cases to accept authority for enforcement and the scope of the review process, seeking to enforce the provisions of the implementation of the system ensures that provides that the court in exceptional cases to accept authority for the enforcement of relief procedures. This paper is from the respect of administrative act theory independently and tries to set up a new idea which is practical and fit our country's situation.