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Research on the matter administrative behavior

Author: ZhangCuiRan
Tutor: JieZhiYong
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Specific administrative act Rem administrative behavior Legal effect Public property Relief
CLC: D925.3
Type: Master's thesis
Year: 2009
Downloads: 106
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Abstract

Abstract administrative act with the specific administrative act is one of the most basic classification of administrative law theory made to the administrative act. \However, the criteria for the classification caused by the binary division of the inherent scientific uncertainty and the vagueness of the two boundaries, making this important classification there are inherent defects become troubled by the administrative law theory and administrative litigation practice development One of the main factors. Another way of German administrative law theory, the general disposition theory, expanding the scope of the connotation of administrative sanctions, to adjust the specific facts and not specific to the behavior of the majority of people into the scope of the administrative sanctions, including public law characteristics of the specification of something or use of the public in the matter of behavior, that the general disposition of the matter. Accordingly, the administrative act of the human and material administrative act as one pair of new areas presented in front of administrative law scholars. Taiwan, China Administrative Law a Chengde Guo administrative law theory and legislation, will matter theory of administrative actions included in the scope of the study of public property law. This article is this argument around objects administrative act theory in the field of public property law applies to two basic points, discusses. The full text is divided into four chapters. First pointed out that the study administrative action on the matter of both theoretical and practical value, and efforts to elaborate the theory and practice good interaction between the legislative, judicial and administrative enforcement to prove that where the value of the material theory of administrative behavior. Then the source of the material theory of administrative behavior, since the connotation, the use of the progressive layers of logical deduction on the structure and content of the theoretical system of administrative actions in rem. On this basis, aims to demonstrate the theory and practice of public property law theory, practice development, inspiration and reference. The first chapter, our research on the behavior of objects administrative significance. The significance of the research material administrative act, explore more scientific administrative act classification - the human administrative act administrative act in rem; construct a new theoretical model, the idea of ??the connotation of the specific administrative act to address the long-term problem in China's administrative law theory and practical development of a range of issues, in particular, provide a new theoretical tools for the study of public property law. The second chapter, an overview of the administrative behavior of matter theory and practice of Germany and Taiwan of China. Rem administrative action for the first German administrative law, is a kind of general disposition, administrative law scholars, the concept of administrative sanctions for reflection results. Although there are still controversial, but in limited to property-related processing behavior, a consensus has developed, the provisions of the by the German Federal Administrative Procedure Act Article 35 of the absorption. Taiwan, China rem administrative action theory of the origin, connotation, relevant legislation and judicial practice, and theory and practice of interaction with Germany, there is no essential difference. The third chapter, the basic theory of material administrative act. Existing theory on the basis of exposure to the concept of the matter of administrative activities, comprehensive introduction to the theory of in rem administrative act, profound interpretation of the structure of the theoretical system and to respond effectively to the actual problems in practice, to reveal its existence and development of value. The combination of administrative law theory and practice of development proposed to build the initial ideas of the theoretical system of administrative behavior of matter in China. Rem administrative act refers to \its constituent elements and the legal effect of expansion explored to determine a particular administrative act to determine whether the standard in rem administrative act. Chapter, the applicable theory of administrative behavior of objects in the field of public property law. The legal effect of the in rem administrative behavior is to regulate the matter of public law characteristics and the public on the use of behavior. The so-called public property, refers to \Public property of the establishment, alteration, and repeal are available through the right material in the form of administrative acts to make this point, the legal effect of these behaviors can be from both things and people shown - the direct legal effect on the material and indirect legal effect. In addition, the common practice in life some of the use of public property handling behavior (such as single-line lane, the division of the sidewalk, traffic control measures during the Olympics) and some of the things the Chief fact that behavior (eg, remove the roadblocks, the maintenance of the river), can also be incorporated into the scope of the matter of administrative activities, and thus actionable. Either through the institution of the general administrative proceedings, the request for administrative compensation way to seek relief, you can also explore the way of public interest litigation.

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