Administrative Act Is Invalid

Civil juristic acts are different in broad and narrow sense. Although different in nature, the administrative act and civil juristic act. respectively as the public and private legal act, are interlinked in mechanism and have difference in two kinds of senses. The first chapter mainly concerns about the void administrative act. Firstly, the writer relates its characteristics: of voidance ab origine, natural voidance, definite voidance and absolute voidance from its nature; of binding effect, determinative effect from its behavior effect; of recovery from viewpoint of rights and obligations. Secondly, according to different norms, the void administrative acts can be classified as: absolute and relative voidance, natural and non-natural , whole and part, and so on. Lastly, at the angle of delineation between the void administrative act and other concepts , the writer explicates the relations between void and nullification , revocation, non-existence, lawbreaking and ultra vires of administrative acts with emphasis on revocation and ultra vires.In the second chapter, the writer expounds the theoretical basis on which voidance relies. As for value, order, justice and freedom is human's perpetual pursuit. The legal order aims to realize the objective of administrative legality and ascertain, protect human rights by rigid rule. The administrative subject is imperative to pursue it, otherwise , the act will become void. Justice has different meanings and is classified as substantial, formal and procedural, according to Rules' view. Any kind of justices is violated, the act will become void, with British and American procedural justice as models. Freedom is an unexplainable problem, but it cannot avoid orientating the administrative law. Through Gonce's discussion of contemporary and modern human's freedom , we know that voidance implies natural disposition of freedom of modern humans, safeguard "individual independence" and assure the administration to endow humans with rights to fight against power. Thus power is the ultimate pursuit of administrative act voidance. As for legality, its significance lies in two aspects: one isto limit government power, the other to protect human rights. To limit power is to administrate by law, make power controlled and government compensate. To protect rights is not only to enlarge the extent of rights protection but also to endow humans with resistance. As for effect, the writer begins with unchangeableness and enforcement, analyzes various views and proposes limitations of these two effects, which lay a solid foundation for existence of voidance. At different angles: the administrative power and jurisdiction, the writer explains that enforcement cannot extend to lawsuit field, which vacillates the theoretical basis of the principle that accusation should not be executed.In the third chapter, the writer discusses the norms and evaluation of voidance. First of all, the writer expounds the representative doctrines such as regulation characteristics, elements plus law lists, the lowest essential condition norm, seriousness, defect significance and obviousness, specific situation and so on. The void norm relates to identification and dividing line between it and revocation, so it is paid more attention to by scientific law and legislation of legal chain countries in main continents, and profuse institutions of theory and regulations are formed. Void norms of administrative acts can be classified as general and specific ones. The general norm makes a reference that a norm in principle should be set up to judge whether the administrative act is void or not, which depends on exact judge combining with the specific case. Till now, significance and obvious defect has leading position in the main continent legal chain. However, it is not enough to judge voidance of the administrative act only by the general norm. Thus the administrative procedural laws and court precedent of all countries establishes some specific norms in addition, which means that only if the act suits any situation t...