Civil Action In The Administrative Act Of Research

In countries of continental law family, as the administrative law is an important public law and the legal department. In China, administrative law is as different from the Civil and Commercial Law and the Law of an independent sector. This distinction is multifaceted, including on the administrative actions and acts of civil law, administrative law traditional theory that "the acts of the most important characteristics is that, although flawed, but also of such acts of legal validity, the other side Still subject to obligations." In particular, the executive acts of legal validity, the executive is to act upon, or to any person presumed to have been lawful, effective and respect the legal effect, "no one shall be subjected to their own judgement and that of its binding."However, in China's administrative law academics, the executive acts of public awareness of legal validity there are still disputes can be summed up, there are all the legal validity, the legal validity negative and limited public legal validity said that the three points. The author believes that the limited public Ding Li said that because of its logical structure, a better balance between the demands of the modern under the rule of law to maintain the order, efficiency and security of citizens of the relationship between the legitimate rights and interests, thus should be adopted. However, due to China's administrative law started very late, in theory, the executive acts of legal validity issue has long been unable to pay full attention, even there are some of the wrong interpretation of the legal validity, leading to the effect of the chaos theory. Reflected in the legislative and judicial practice areas, the first, administrative act of legal validity and not a specific legal norms to be clearly defined; the second, although the different levels of legal norms and in the many acts on the "void", but its terms The extension is very broad, including both administrative acts invalid from the beginning, but also administrative actions were withdrawn, changed or revoked and lose their effectiveness, and thus the meaning of the law on administrative behavior is not the same as null and void; the third, in judicial practice, from the Supreme People's Court issued the approval of all kinds, explained, can also draw a conclusion that people's courts in civil proceedings can negate some of the effectiveness of administrative act, and act on these administrative whether the administrative law Invalid not a clear distinction between administrative actions.To address the above situation, the paper aimed at the executive acts of legal validity connotation and extension of the study, analysis of its theoretical basis, clearly the acts of the limits of legal validity, and the push and the judicial practice, further analysis of administrative actions because of their legal validity of a civil action against the norms of the situation and the norms of the line, and the current civil proceedings involving the effectiveness of the treatment to sort out. Through the ineffective clearly defined standards and administrative actions in order to establish a civil action in addition to administrative actions null and void, the civil magistrate should be bound by the existing administrative acts shall not be incompatible with it, hope to address these chaotic situation.