Administrative Fact Behavior Research

Administrative real act plays a more and more important role as the popular concepts of service administration and welfare government are advocated in China.Meanwhile, theoretical research on administrative real act has been a significant subject in administrative law,especially since The State Compensation Law was promulgated recently. With some related results has achieved,further study is badly in need.First of all, this paper introduces theory origin of the administrative real act in the preface, and then expounds the necessity of research is because the research is beneficial to the construction of the government by law, the full protection of the legitimate rights and interests of the citizens, and the perfection of administrative law in the theoretical system in our country. Second, the text mainly discusses three problems, namely the fact that the concept of behavior, the shortcomings of the current legislation and its legal regulation. Legal regulation is the focus of this paper.The first part of the text is about the basic theory of the thesis. This paper, based on studies and comparison on the domestic and foreign scholars’ opinions of the administrative real act., summary three focus factors of the administrative real act and try to define. Then, in order to further deepen our understanding of the administrative fact behaviour, this paper analyse its characteristics, and the difference between the related concepts and the stereotype.The second part, this paper introduces the status quo of the administrative fact behavior in the current law regulation, and analyzes the defects and shortcomings. First, the legislation of administrative fact should confirm the legal status of the behaviour. Second, the regulation Angle is single:there are only sporadic provisions on relief system, lack of advance control.Third, afterwards relief is on a small scale, the administrative review and administrative litigation which are the major administrative legal relief way of the relief are not being used. And the compensation extent of the state compensation law is small, the compensation standard is low.At last, the author gives practical suggestions on how to improve administrative real act in Chinese legal system based on the actual in China. First of all, confirm the legal status of the administrative fact behaviour. Secondly, use of the basic principle of administrative law and administrative procedures system to strengthen the affair before adjusting control. Finally, expand to the administrative relative person’s relief way, perfect the administrative review, administrative litigation and state compensation related system.