Concerning The Construction Of Invalid Administrative Act Of Our Country

Nvalid administrative act system is primarily one of continental law system countries in the field of administrative law system. On the administrative law in our country at present is not invalid administrative act system, but the administrative law in recent years for the invalid administrative act theory has carried on the heated discussion. Most scholars in our country establish the system of invalid administrative act a positive attitude, but there are a few scholars. Aimed at the two opposite views of academia focus is suit to in our country, and how to build system of invalid administrative act. Although they have given their own argument has certain rationality, but exactly what kind of view is more advantageous to our country present development condition, is worthy of our in-depth discussion. Based on analyzing the reasons held by the two views on the basis of combining with the present and the future development of our country, from the overview of invalid administrative act, the necessity of the system of invalid administrative act and ideological basis, and how to build the invalid administrative act of invalid administrative act system four aspects to discuss.This article is divided into four chapters to construct a system of invalid administrative act in our country.The first chapter is about the overview of invalid administrative act. Mainly through the historical development of invalid administrative act, concept and characteristics, and the difference between the invalid administrative act and related concepts such as three aspects to comb, and sort out invalid administrative act system development process, the correct understanding of invalid administrative act in Chinese academic circle some deviation, corridor the denotation and connotation of clear invalid administrative act, for the next further research to lay the good foundation.The second chapter mainly from the invalid administrative act the necessity and theoretical basis of the level of analysis. This chapter is divided into two parts, the first part mainly discusses the necessity of the build system of invalid administrative act in our country, the second part mainly discusses our country to establish the theoretical foundation of the system of invalid administrative act. Its theoretical basis is analyzed from three aspects, first is pointed out that the meaning and content of presumptive legality theory, as well as the presumptive legality "complete" and "limited presumptive legality" of the game, and then draw a presumptive legality "limited" is the inevitable choice of our country. Secondly, based on the theory source and constitutional right of citizens to resist were discussed, and from the citizens’ right of resistance to the specific political and constitutional sense into administrative law the right of resistance of detailed analysis, then draws the administrative relative person’s right of resistance is politics and the constitution in the sense of civil right of resistance in the concrete application in the field of administrative law. Finally, the principle of administrative law as a basic principle of administrative law in the main, based on the principles of administrative law, request the administrative authority should be within the limits prescribed by law in administrative activities, legal administrative act is the force of law, while illegal administrative act as invalid. That what is "the rule of law", what is the meaning of the principle of administrative law and the request, through administrative law principles and how to analyze the illegal administrative act, we will with these questions to analysis the principle of administrative law.The third chapter mainly analysis and solve the invalid administrative act practice level encountered some trouble. Although the invalid administrative act has a sufficient theoretical basis for the support, but if you want to establish an effective system of invalid administrative act test still need to put the theory in practice, thus found invalid administrative behavior problems in practice. These difficulties include the lack of uniform standards, the administrative relative person rights such as the resistance of the resistance.The fourth chapter mainly analyzes how to build up the system of invalid administrative act in our country. Because set up separate invalid administrative behavior confirmation system is to establish the premise and foundation of invalid administrative act system in China. So in this chapter we are ascertained by the components of the invalid administrative act, the subject, the confirmation process and determine the results to talk about how to build the system of invalid administrative act to confirm.