Research On The Effectiveness Of Improper Administrative Actions

The research on improper administrative acts is the requirement from the increasingly complex judicial practice to solve the applicable limitation of its discretion standard.The clarification of the effect of improper administrative act system provides theoretical guidance for its law-making and regulation.With the new amendment to the Administrative Procedure Law in 2014,obviously improper administrative acts were included in the scope of judicial review,and the enactment has made the qualitative determination to improper administrative acts from traditional administrative theory partly inaccurate.In this dissertation,the concept of improper administrative was firstly redefined based the new law.The effect of administrative acts was subsequently structured on two parts:formal validity and substantive validity.Finally,issues in tort resulting from improper administrative acts were regulated relied on Legal Relief Systems.The dissertation is divided into five parts.In the first chapter,the concept of the administrative act is established.The concept consists of two parts:the generally improper administrative act and obviously improper administrative act.The generally improper administrative act refers to the rationality of legal context,whereas the obviously improper administrative act is a kind of illegal practice.The demarcation between the two is whether or not the administrative acts have reached beyond the irrational state.The second chapter outlines the basic theory of the validity of administrative act.Two comparisons on the connotation of the administrative act and administrative act validity in different countries are firstly carried out to analyze the concept and characteristics of administrative act validity.The content of administrative act validity,including the well-known "Four Validities" is then discussed.The third chapter is the main body of this dissertation,where the validity form of administrative act is discussed.The validity form of administrative act is divided into formal validity and substantive validity according to the value and results of order.Thus,the formal validity is not impacted by the content of improper administrative act due to the formal validity discussed in the chapter was established before the emergence of administrative acts.The substantial validity and legal consequences of administrative acts are discussed in the fourth chapter.The content of improper administrative acts are divided into generally improper act and obviously improper act.The generally improper act has a low defects level compared to obviously improper act and do not cause substantial damage to the legitimate rights and interests of citizens.Therefore,it can be compensated by correct acts.However,the obviously improper act is lack of substantive validity because it is an illegal behavior.It should be annulled,changed and confirmed to be illegal according to the newly revised"Administrative Procedure Law"In the fifth chapter,the judicial review and relieve of improper administrative acts is investigated.The basic principle and manner means of administrative act are summarized at first.The traditional view of "Responsibility exempts under discretionary power" is then differentiated and analyzed.It is proposed a view that the obviously improper administrative acts should receive state compensation.