Administrative Fact Behavior Legal Relief

With development of the society, and expansion of service government, thebehavior model of government has been diversified. The theory of originaladministrative act has not been applied to the study of new type administrative act, thenew type administrative act also needs to be regulated and relieved by law. In recentyears, the actual administrative behavior is the administrative act which invades thelegal rights of the administrative relative person usually. Especially because part of theactual administrative behavior has been carried out without legal basis, or carried out ashelper or communicative act of administrative legal act with legal basis to achieveadministrative purposes effectually. In view of this, by setting the legal relief system,increasing supervision and constraint to the actual administrative act, putting the actualadministrative act to the range of legal relief, and forming a more perfective reliefsystem, this is a great significance to protect the rights of administrative relative person,supervise the administrative organs to perform their duties according to law, andachieve administrative act legalization. In a foreign country, the United States, Britain,Germany, Japan have protected actual administrative act by judicial relief andadministrative relief. But the conception of actual administrative act has not beenconcluded in our country. There are many idea of how to put the actual administrativeact to the administrative relief and judicial relief. In order to fill the vacuum of actualadministrative act relief, this article starting from the conception of the actualadministrative act, studying foreign system, and proposing improvement program toprotect the actual administrative act.The first chapter describes the value and research methods of studying of the actualadministrative act; The second chapter defines the conception of the actualadministrative act, and studies the feature and classification of actual administrative act,disserts the conception, classification and significance to the legal relief of actualadministrative act; The third chapter studies the system of actual administrative actrelief in civil law countries, common law system countries and Taiwan, China; Thefourth chapter introduce the current situation and defects of the system of actual administrative act relief, through the relevant regulation and system operation of actualadministrative act; the fifth chapter proposes improvement program with learning fromthe foreign experience, from the relief mode of administrative litigation, administrativereconsideration, administrative compensation, and administrative compensation.Innovation of this paper is by contrasting and studying the system of actualadministrative act relief in foreign countries, proposing improvement program of actualadministrative act relief of law. Because the actual administrative act is effective to theadministrative relative and relevant person`s legal rights indirectly usually. So weshould reduce the standard of plaintiff qualification; At the same time, because of thepublic welfare of the actual administrative act, involving more parties, so we shouldallow public interest litigation to the actual administrative act.