The Judicial Remedy Research Of Periodic Behavior In Administrative Remedy

With the development of the modern administrative legal system and the improvement of the administrative procedure, more and more complex administrative acts which consist of a series of periodic administrative acts is undertaken by the administrative subject, so do administrative punishments. However, under the current Administrative Procedure Act, the scope of accepting cases is based on the concept of "the specific administrative act". As to the theory and application of the administrative process, it seems that the relevant laws and regulations and judicial interpretations pay less attention. Thus, there is a great dispute on the theory of the relief. The author attempts to define the denotation and connotation of the periodic behavior in administrative penalty with the method of comparison, empirical research and literature, and then analyze the present situation and problem of the relief which is related to periodic administrative behavior of administrative penalty. This article refactoring the framework of judicial remedy system of periodic behavior in administrative penalty based on the classification of program behavior and substantive behavior, in order to have a systematic research on the relief of periodic administrative behavior of administrative penalty.This paper mainly contains four parts,The first part is mainly about the introduction of the problem. And bring up the subject by analysis of the case.The second part aimed at defining the periodic behavior of administrative penalty. This part is mainly about definition of the denotation and connotation of the periodic behavior in administrative penalty.The third part mainly tells the situation and the existing problems of periodic behavior in administrative penalty, and then give advice to solve the problem. This part mainly introduces the source of problems, the current situation and the existing problem of the periodic behavior in administrative, and then give advice to improve the system of relief.The fourth part mainly about refactoring the framework of Judicial Remedy System of periodic behavior in administrative penalty. This part refactoring the framework of judicial remedy system of periodic behavior in administrative penalty based on the classification of program behavior and substantive behavior, in order to have a systematic research on the relief of periodic administrative behavior of administrative penalty.