Analysis Of Administrative Litigation Relief Of The Administrative Factual Acts

With the development of the economy and society,the government's performance of duty has gradually changed from passive management to active intervention,and the government has played an increasingly important role in all aspects of social life.However,sometimes the acts performed by the government are not all administrative legal acts and cannot be completely regulated by law.There are some acts that can not be remedied by effective litigation when they harm the legitimate interests of citizens.Such acts are what we called Administrative Factual Acts.Administrative factual acts usually do not create,change,or eliminate the rights and duties of counterpart,and do not produce administrative legal relations between administrative subjects and administrative counterpart,so they cannot be remedied through litigation as administrative legal acts.This is the starting point of this paper.The research purpose of this paper is to explore whether administrative factual acts should be brought into the orbit of litigation for relief.As a matter of fact,administrative factual act is generally considered to have been proposed by the German scholar W.Jellinek.This is the first time that the concept of factual act has been incorporated into the research field of administrative law,and has been developed for nearly a hundred years.However,in this 100-year period,there are still great differences in the definition of the administrative factual act in the field of administrative law.This paper starts with the analysis of the connotation of administrative factual act and analyzes the concepts of administrative factual act in different countries and regions.hoping to sort out a reasonable and and comprehensive definition.On this basis,by summarizing the characteristics of administrative factual acts and typical types of administrative factual acts,hoping to have a deeper understanding of administrative factual acts.Then,by using the method of Comparative Study,the paper makes a comparative study on the theory and practice of the relief of Administrative Factual Act in the continental law system,the common law system and the mainland of China.In the comparison,we can find some problems in China's current administrative factual acts relief approach.That is,China's current measures for administrative factual acts remedies are relatively simple and insufficient.At present,the entire field of administrative law only provides relief and protection for limited administrative factual acts,which is far from being able to adapt to the development of a modern society ruled by law,and it is difficult for citizens' legal rights to be effectively guaranteed.Therefore,the paper analyzes the necessity and feasibility of incorporating administrative factual acts into litigation track,and holds the opinion that litigation relief for administrative factual acts is the need to protect citizens'legitimate rights and interests,to build a rule of law government,and develop modern administrative rule of law.At the end of the paper,it focus on the suggestion of litigation relief for administrative factual acts in China.By drawing on some advanced experiences from other countries and combining China's own practice,this paper holds that administrative factual acts can be classified into different types,as for non-power administrative factual acts do not have to be included in administrative litigation to provide relief.Civil or other relief methods can be adopted.,and power administrative factual acts should be included in the scope of administrative litigation,this is also the focus of this paper.At the same time,introducing administrative public interest litigation and increasing the form of judgment,aiming to better the corresponding legal channels to achieve the purpose of regulating the administrative power of executive branch and protecting the legitimate rights of citizens.Only in this way can we make the government act in accordance with the law,can we gradually realize the rule of law government,the rule of law society,the rule of law country.