The Effectiveness Of The Specific Administrative Act

The validity or effect of specific administrative actions is a core problem or matter in the theory of administrative actions, the further study and search for which is of importance both in theory and practice to promote the administrating pursuant to laws, defend public interests, maintain a good social order and protect the fullest lawful rights and interests of the body objected by administrative actions.According to the research status abroad, there are seldom researches of administrative actions in British and American legal system countries. But this problem or matter has been excessively and deeply studied in countries and areas of continental legal system, such as Germany and Japan. In China, the scholars of Taiwan have studied this problem excessively for a long time, and many monographs have been published. But the scholars of the mainland began to study the administrative actions very late and most of the research works focused on one or some detailed aspects. There were seldom research on the contents of administrative actions which is the kernel problem of specific administrative actions, especially the pre-determination and the de facto force. Moreover, the research works mainly based on the theories existed in countries and areas of continental legal system. And different scholars have different ideas, which made the research in this field to exhibit a complex status and so that may stunt our construction of administrative legal system. This dissertation discussed by the way of comparison and logic analysis many problems upon or in connection of specific administrative actions, such as their constitution, validity, de facto force or others, on the basis of the referencing from lots of advanced knowledge both from foreign countries and domestic places, and provided some new opinions and suggestions of this field.There are 4 chapters in this dissertation. The first one briefly introduced the meaning of this study, its research actuality and relevant analyzing methods used in this article; the second chapter discussed in detail the concept of specific administrative actions, and specifically defined and analyzed the elements of established specific administrative actions, and the valid conditions of specific administrative actions, at the same time this chapter also discussed the elements of lawful specific administrative actions and other related activities against law; the third chapter discussed the distinguish of specific administrative actions, and presented some viewpoints based on the research works of domestic and oversea scholars; the last chapter deeply described the understand effectiveness of specific administrative actions at first, and then put forward that the understand effectiveness is only the assume of law, which means only when the specific administrative actions accord with the legality compositions, the effectiveness is essentially legal availability but not an assume. At last, the effectiveness of various illegal specific administrative actions is distinguished and analyzed.