Study On The Judicial Relief Of Administrative Factual Behavior

The concept of administrative act has experienced the expansion from the definition of form to the definition of substance,which involves the scope of acts made by the administrative organs to the use of administrative power.In this evolution,the administrative fact act is included in it.Although administrative factual acts are not aimed at influencing the rights and duty of administrative counterpart,they are still subordinate to administrative acts and are a specific manifestation of the operation of administrative power.Therefore,there is also the possibility of injuring the legal rights of administrative counterpart."There is no succour channels without rights",so when the legal rights and interests of the administrative counterpart are damaged by administrative facs,they should be included in the litigation procedure like other indictable administrative acts to realize the relief of the rights of the counterpart.However,at present,although there are a great deal of views about the definition of administrative factual behavior and relief methods,however,there is not a unified perspective.This thesis contains two aspects: introduction and body.The body of the paper consists of five chapters.The first chapter mainly defines the administrative facts theoretically.Through comparing the relevant behavioral concepts,it highlights the individual characteristics of the administrative factual behavior and determines the concept of the administrative factual behavior.The second chapter mainly conducts a typological study on administrative factual behavior and lists and explains it.This chapter divides administrative factual behaviors into implementation behaviors,but the behaviors that do not directly or indirectly affect the legal interests of administrative counterpart.The third chapter studies the suability of administrative factual acts.It focuses on the necessity and feasibility of incorporating administrative factual actions into litigation procedures,as well as the necessary conditions for suable administrative factual actions,and justifies administrative factual actions into administrative litigation procedures.Chapter 4 analyses the administrative action system for administrative factual acts in other states and our country.It focuses on analyzing the shortcomings of China's litigation relief for administrative facts compared with Britain,USA,Germany and Japan.Chapter V outlines the feasible ways for China to incorporate administrative facts into administrative proceedings in the future,specifically proposing an expanded interpretation of administrative actions in the Administrative Procedure Law and a clear scope of legal rights,entitling administrative counterpart right to request payment and eliminating obstruction requests The six aspects of the solution are the power,the construction of more specific administrative fact action litigation and relief rules,the addition of judgment types that are consistent with the characteristics of administrative fact actions,the improvement of the criteria for determining the qualifications of defendants in administrative fact actions.