On Improving Validity System Of Administrative Counterpart Act

Administrative counterpart act is a general term of acts endowed by administrative subject, which can induct the effects of administrative law, during the process of administrative activities. Administrative counterpart act includes substantive behavior and procedural behavior. The former refers to the process of enjoying substantive rights and performing substantive obligations, such as accessing of benefits, the exercise of rights, the waiver of rights, the performing of obligations; the latter regers to the process of enjoying procedural rights and performing procedural obligations, such as a request for specific qualifications and rights, a request for recovery of rights or reduction of obligations, a request for confirming the relation between rights and obligations or legal fact, and a request for protecting legitimate rights and interests.The counterpart act validity is private party’s impact on administrative subject and administrative action process and result, that is, directly production, change or destroying of the relationship of rights and obligations or, influence on a certain relationship’s production, change or destroying.The act of administrative counterpart can be divided into two parts: norms in accordance with the administrative law, which engender positive legal consequences like obtaining profit; norms violating administrative law, which will cause administrative penalty. The acts in violation of the administrative legal norms are certainly have no legal effect, while the acts in accordance with the law, can get positive effect of law.The validity system of administrative counterpart act is operation principles for confirming, consolidating and protecting this kind of validity. The existing problems in administrative counterpart act validity mainly includes the imbalance of validity system, low substantial influence, and poor legality. Appreciating administrative subject, and downplaying administrative relative person is the main reason of causing validity system. Accordingly, measures to these problems are promoting a balance between the administrative act and the validity of administrative counterpart, building corresponding mechanism of administrative act effectiveness and act validity, as well as perfecting procedural right.