The Legal Relief Of Administrative Factual Behaviors

Administrative factual behavior has been regarded as the action beyond the law for such a long time and it didn't go public until the transformation of governmental functions.Although the research on administrative factual behavior has been focused to some extent since the launch of national compensation law,but the concept of administrative factual behavior is still in the condition of opinions vary without a consensus.As the launch of new administrative procedure law,administrative factual behavior is included in the scope of accept cases of administrative procedure ultimately,thus the argument about whether the administrative factual behavior is actionable or not has become a history accordingly.However,we still have a long way to go to deal with the relief of administrative factual behavior under the new situation.This paper is composed of introduction,text and conclusion.It's mainly about the basic concept and classification of administrative factual behavior,the necessity of relief of administrative factual behavior,the deficiency of current systems and my personal perspectives on the relief of administrative factual behavior in our country?The attention will be focused on the current situation of the relief of administrative factual behavior and the strategies to improve it.The first part of the text introduced the basic concept of the administrative factual behavior.With the transformation of governmental function from social management to social benefits and social functions,administrative organs have carried out a series of work on economic guidance and service work,and gradually extended to many other social sectors.Even if these administrative activities are not aimed to form,change or cancel administrative law relations,but they play an indispensable role in governmental administration.As the emergency of this social practice,the scholars in the field of administrative law have put forward the concept of administrative factual behavior.Although the scholars in the field of concept of administrative factual behavior have not come into consensus on the concept,they nearly have few disputes in its basic features,and some analyses and elaborations on the basic features will be given in this paper.The second part of the text is mainly about the classification of administrative factual behavior.Administrative factual behavior is often classified into real-time administrative factual behavior,constructive administrative factual behavior and service-oriented administrative factual behavior.The implication of these administrative factual behaviors will be introduced in this part and be further explained with some examples so that readers will be clearer about what the administrative factual behavior is on earth.The third part of the text includes to the current situation of the system of relief of administrative factual behaviors and whether this system can provide an all-round relief.The current remedies of administrative factual behavior are petition relief system,lawsuit relief and state indemnity and compensation.Although many remedies are available,the effect,however,is not very good.One of the main reasons is that the current systems are not perfect enough to take all the relief into consideration,especially the absence of administrative reconsideration.The forth part of the text analyzes the necessity of the relief of administrative factual behaviors.Administrative factual behavior is an ambiguous concept,either its connotation or denotation.The specialty reveals itself by delivering an effect that not in terms of administrative law.Thus whether such an administrative behavior is worth being relieved? This question has been demonstrated in detail in this paper by putting forward some personal opinions on the necessity and feasibility of relief.The necessity of the relief of administrative factual behavior mainly caters to the needs of safeguarding civic rights and the Trust-Protection Principles.The research on feasibility mainly serves the change of time.With the approach of service administration and the current damage caused by governmental services,it is the government's duty to supply benefits to the counterparts.It is feasible to offer factual behavior with social benefits.The fifth part of the text includes some reflections on the strategies to perfect the relieving systems of administrative factual behavior.The solutions to solve the problem above will be put forward in this paper.First of all,I expressed some personal perspectives on the problems that appeared after the administrative factual behavior being included into administrative procedure.Then I made some targeted suggestions on the problems which appeared under the background of the launch of the new administrative procedure law.Lastly I offered some advice on the deficiencies existing in the administrative compensation systems and petition systems in our country so that these systems could be adaptable to the needs of the relief of administrative factual behavior,and could offer immediate and effective relief to counterparts when they encountered with administrative factual behavior infringement.