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Study on the Transformation of Administrative Act

Author: XuanHongJiao
Tutor: HuYue
School: Northeast Normal University
Course: Constitutional and Administrative Law
Keywords: administrative act Verwaltungsprivatrecht means of private law changement of administrative act means of public law
CLC: D912.1
Type: Master's thesis
Year: 2009
Downloads: 78
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Abstract


The principles of philosophy that "All things are in constant development and changes " also applies to the field of law, administrative act is developmenting and changing, and has its own evolution law. Decided by the market economy fundamentally and administrative mission changing form“Eingriffsverwaltung”to“Leistungsverwaltung”directly, administrative act is experiencing the changement form strong power to weak power then to non-power, this changement is not alternative, but a diversity development process. Non-power administrative act is an act that the administrators use means of private law for thinking and behavior to complete administrative mission.The phenomenon that administrators use means of private law to complete administrative mission widely is called“Verwaltungsprivatrecht”by the German administrative law scholars Hans J.wolf, then he studied it systematically and theoretically. After that, Japan, China’s Taiwan region Academia started the research on“Verwaltungsprivatrecht”.This article holds that the“Verwaltungsprivatrecht”is an act that the administrators use the way of private law for thinking and behavior in order to complete administrative mission with public and private law nature.This shows that the“Verwaltungsprivatrecht”is as the same as the non-power administrative acts.Given the“Verwaltungsprivatrecht”already has mature theory, also considering for facilitating researching the changement of administrative act in international scope , this article expounded in three aspects based on the“Verwaltungsprivatrecht”:First of all, because of the addition of“Verwaltungsprivatrecht”,the type system of administrative act has the division of public administrative act and private administrative act, some specific acts such as government operating, government procurement, government subsidy and government auction, Etc. add;Secondly, the means of administrative act changes ,that is, private means is used in order to complete administrative tasks, administrators are free to chose means of public law or means of private law, but this option should be restricted; Third, taking the Verwaltungsprivatrecht’public and private law nature as the logical starting point, it should be adjusted by public and private law , private norms are borrowed to the field of administrative law, so the application of the law of the administrative act changed.

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CLC: > Political, legal > Legal > UNIVERSITY > Administrative law
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