Defining Content Of "Specific Administrative Act In Excess Of Authority"

It is important for administrative organ to perform official duties according to law under the Law-ruled country. But the administrative organ often surmount their authorities because of the characteristic property and complexcity of administrative power. The fourth section of the second provision of Article fifty-four in China's Administrative Procedure Law has a regulation that the court can cancel or partly cancel the specific administrative act. But it is not determining the scope of"specific administrative act in excess of authority", as well as relevant judicial explanation don't make the further work. Also the law boundary dose not have the same view on the definition of"specific administrative act in excess of authority".Whereas, this thesis adopts a positivism method to classify and analyze the cases in connection specific administrative act in excess of authority for disclosing the true attitudes and skills exercised by judges in reviewing such cases. Besides, the thesis has a summary about the forms and constitutive requirements of"specific administrative act in excess of authority". This thesis is helpful to improve the understanding between judges and scholars.This thesis generates three innovations as follows: (1) There are two kinds of"specific administrative act in excess of authority": specific administrative act in excess of authority inside of administrative system and specific administrative act in excess of authority outside of administrative system. The first one includes five types which are exceeding department jurisdiction, exceeding hierarchy jurisdiction, exceeding the types, objects and the range of measures on the legal provisions. The second one is includes two types which are exceeding authority to use judgment right and exceeding authority to interfere private rights. (2) There is a tight link between"specific administrative act in excess of authority"and the other four repeal judgment reasons. (3) With comparing the constitutive requirements of"Specific Administrative Act in excess of Authority"between judges and scholars, the author draw a conclusion that the constitutive requirements of"Specific Administrative Act in excess of Authority"judges have made.