Administrative Act, The Presumption Of Legitimacy Research

Presumed Valid Theory is an important theory and principles of thefield of administrative law. The theory has history of more than 100years, and has several names, but the basic points are the same, namely,seeking balance between the administrative efficiency, the executiveorder and justice and the protection of civil rights. However, thetraditional theory deemed effective in defining the effect, although in acertain historical period of time to meet the needs of the theory andpractice. But with the development of the society, it has becomeincreasingly backward in the changing times. Even in theory can not bejustified. First, the specific administrative act clearly invalid when itnewly established is the premise of logic, then from the presumption weanalysis the necessary. Then get the possibility of the theory. In thispaper, a total of five main parts:The first part dealt with the history of civilization display presumedvalid theory. The theory originated in Germany, developed in Japan.China is mainly introducing the doctrine abroad.The second part introduces several more influential theories, andthe reflection on traditional theory. This is not only part of the contentsin detail about the main points of each, but their analysis of theshortcomings and inadequacies. In the comprehensive analysis, thecommon shortcoming is: ignore the doctrine's beginning of the logicalpoint--the invalidity of newly established administrative acts.The third part from the actual operational level and the need for thepossibility of theoretical level to exposition the presumption oflegitimacy. So the conclusions are: The presumed theory meets theneeds of effective demand as well as the feasibility of jurisprudence, soit is legitimate.PartⅣto explain the confusion in the current face. No cleararticle to support the theory strongly. It also restricts the theoreticaldevelopment.In practice; this theory can not meet the actual method. Traditional theories can not clearly explain why. Therefore, the theoryneed newly constructed.PartⅤis the reconstruction of the theory. The remodeling of thetheory from three levels: First, invalidity is a logic basic; Second, thevalidity of the assumptions is inevitable choice after a weighing thevalues; Third, the presumption technical approach, this presumption ishighly flexible and effective application of theory in practice.