The Presumptive Legality Of Administrative Behavior And Administrative Litigation System Research

Administrative action is the core concept of administrative law, administrative act is one of the important effect of the administrative act. China’s mainland administrative law scholars well received by the administrative act theory, cognitive theory of Germany, Japan and Taiwan, China. Is not wise to completely abandon the theory of the Public Force, should retain the theory of the Public Force, which upholds the limited Public Force, which is currently the academic mainstream view. Limited anyone, based on the theory associated with other issues for further clarity and norms, such as institutional arrangements more in line with the development trend of the rule of law to protect the legitimate rights and interests of the individual.In this paper, the theoretical analysis of administrative behavior proposed the concept of administrative action should the effectiveness of the Public Force and the Public Force. "Limited Public Force" and "complete the Public Force" contrast analysis, pointing out that to adopt a "Limited Public Force" more in line with the trend of development of the society under the rule of law. The mainstream view is based on the analysis of the historical development of the theory of the Public Force in Germany and Japan and in administrative proceedings of legislative practice can be drawn between the two countries adhere to the limited Public Force Theory. Found by analyzing the development of the theory of the Public Force, in theory, most scholars advocate a limited Public Force, but in the legislative practice of the administrative proceedings, but there is limited Public Force and full conflict of the Public Force. In contrast to Germany, Japan related litigation system on the basis of that the problems of the legislative practice of China’s administrative litigation system, such as litigation not to stop the execution, bear the burden of proof to confirm the deletion of the invalid program. In the end, limited the Public Force theory supported related litigation system, the proposed legislation before the combination practice problems and propose appropriate exploratory proposal.This paper attempts to build a bridge between the Public Force Theory and the litigation system, and research associated with the litigation system on the basis of theoretical analysis in order to provide the impetus for the modifications of the Administrative Procedure Law.