The Relief Of Administrative Fact Act

With the expansion of state functions, administrative facter act went into the field of administrative law. Administrative activities increase,and administrative facter act begins to be one of the main patterns of this behavior, administrative facter act contribute to the changes from negative executive to active executive and command administrative to service administrative, simply the procedures of public services,improve the efficiency of executive authorities, facilitate the administrative countparts. Administrative fact action does not aim to set、change、eliminate administrative lagal relation,but may produce an objective impact on administrative counterparts. therefore,when the fact actions be against legitimate rights and interests,the law should provide relief. In recent years, although the theory and practice fields give this behavior widespread concern, the administrative fact action is still the weakest link in administrative law theory.The paper is divided into two parts, the introductory and mainbody.The paper has four chapters.chapter one outlines the origins and development of administrative, and categorize them.Section one of chapter two discusses the necessity of remedy in administrative facter act. To give citizens the right to remedy when suffered from administrative fact actions has a significance on the development of the rules of law and human rights respect and protection. section two briefly discusses the justifiability.analysis of the litigation value of the fact acts and illustrate the domestic and international litigation practice.Section one of chapter three does a comparative study on the remedy mechanism of several different states. section two studies the current stuation of the remedy mechanism in mainland china.Chapter four express some ideas on the improvement of remedy in administrative facter act in our country. This part will formulate possible solutions to problems raised abave. Measures,such as putting it into the range of administrative appeal and review, establishing rationality review system, improving sentencing types,should be taken into consideration.