Research On Defective Administrative Behavior From The Perspective Of Administrative Correction

This paper mainly studies the basic theoretical problems of the correction of defective administrative ACTS.The content includes five parts: the concept of the correction of defective administrative act,the basic theory,the practice and theory of the correction of defective administrative act in China,and the theoretical conception and system construction of the system of the correction of defective administrative act.Chapter one is introduction.This paper mainly introduces the research status and significance of this topic at home and abroad.In real life,administrative flaws are always unavoidable.The main countries of continental law system have developed relatively perfect system and mechanism of error correction.But in our country although there are sporadic provisions on the system,but the theoretical research is obviously insufficient.Chapter two summarizes the theory of defective administrative act.This chapter evaluates the basic theory and related theoretical basis of defective administrative act and determines the theoretical choice and path of this paper.Chapter three is about the practice and theory of the correction of defective administrative act in China.The practice of the correction of defective administrative act in China presents unbalanced characteristics.Judicatory practice contributed rich material and thought.The dilemma of practice puts forward the basic theoretical proposition of the correction of defective administrative ACTS in China: how to name and construct the administrative correction?What is the relationship between administrative correction and defective administrative act?This chapter establishes the solution to these two basic problems: the research on the system construction of the correction of defective administrative act and the research on the system coupling and logical fitness between the correction and the defective administ rative act.Chapter four is the theoretical conception of the system of correcting defective administrative ACTS.This chapter clearly proposes to establish the basic legal system of administrative correction,and provides theoretical argumentation on the concept,elements and concept remodeling of administrative correction.At the same time,in view of the institutional dependence of administrative correction and defective administrative act,based on the principle of institutional coupling,the theoretical assumption of the reconstruction of defective administrative act is put forward.Chapter five administrative correction and institutional arrangement of defective administrative ACTS.This chapter introduces the dimension of effectiveness analysis,and arranges specific systems and endows them with institutional significance in the three-dimensional space of defect fact,legitimacy and effectiveness evaluation.