On The Claim Right In Rem

In view of the fact that the modern administration activity daily specialization and the scientific development tendency, the administrative plan is more and more extensiverly used. But at the same, because the theorists were still in the start to the administrative plan's research the stage, in reality certain link procedure aspect's system is particularly imperfect, creates the administrative plan the question which presents some in the movement to urgently await to be solved. This article embarks from the administrative plan concept's limits, take the administrative plan's procedure restriction angle as the breakthrough point, analyze administration plan from the formulation to the implementation, the change to provide reliefs this entire process again the procedure restriction mechanism.The concept is the essential tool in the research work, the concept of administrative plan has not yet forms the logically coherent argument in the academic circle at present, there still are some questions in argument. The first chapter embarks from the current domestic and foreign administrative plan concept's introduction, carried on to the administrative plan's nature has limited; Then unite present academic circle to the administrative plan research existence's question. To the administrative plan concept's word using aspect, carried on a quite strict discrimination between the"the plan"and"the plan", and dismissed some words which easily cause the different meanings and the chaotic concept. Finally, above this foundation, has made in the whole limits again to the administrative plan's concept, and strengthen the administrative plan rigidity and the performability, launches the research upholstery. for the following two chapter.The formulation procedure is an important link in the administrative plan movement process, the second chapter first introduced the mainland legal system national France, Germany as well as has two big legal system common characteristic Japan's administrative plan formulation procedure; Then, unite our country's in administrative plan formulation process special details, target-oriently propose some questions which exists in the administrative plan formulation process in Chinese current, and analyzes the corresponding countermeasure, also make some system tentative plan initially in administrative plan formulation process, such as hearing and information public strengthening, as well as public participation right safeguard and so on. In the administrative plan's implementing procudure aspect, the third chapter takes the view of the process theorist, discussed the administrative plan in the entire process from the general implementing procudure, to some peculiar circumstance like change, the cancellation and the invalid and so on related questions. To the main body of administrative plan implementation and the power of execute obligatorily to the administrative plan, carry on a quite thorough analysis, and to the administrative plan change, the cancellation and the invalid reason has also made a positive ponder.In the administrative plan's relief procedure aspect, the fourth chapter embarks from the administrative plan relief's legal principle theory of law analysis, unite current administration plan some realistic questions which exists in the implementation process, multianalysis, when the administrative plan's implementation creates harm to the relative person's legitimate rights and interests relief way. This chapter's structure is launches on the third chapter's frame foundation, take the administrative plan implementation's different period as the standard, has analyzed the administrative plan change, the cancellation and the invalid relief way separately.