Administrative Behavior Correction System

The mending of administration, which "cures" minor procedural defects in administrative acts, is one of the administrative liability forms because of its procedural violations. The generation of this system is a corollary the value of administrative procedure, which embodies the requirement of modern administrative procedure.. The mending of administration, as a form of legal liability ,has long existed in many Administrative procedural Code in civil law countries, and has played a unique role and function, the superiority of which can not be replaced by the invalidation, repeal or modification of the administrative act.The weakness of Chinese traditional procedural law delayed the legislation of administrative procedure. Although the mending of administration could be found in Chinese history of administrative regulations, the disorder is caused by the confusion of its title, the ambiguity of its standard and the difference of its scope. So it is necessary for China to learn and adopt the advanced ideas and legislation of foreign countries in order to build an uniform system of the mending of administration, and to set a foundation for improving the liability system of Chinese procedural violation. At present, the legislation of Chinese administrative procedural law is in the corner. We could grasp the chance to take the mending of administration into the system of Chinese administrative law and regulation, which could form a liability system of administrative procedural violation together with the invalidation, repeal or modification of the administrative actThis thesis can be divided into four parts.The first part of the thesis defines the concept of the mending of administration. After comprehensive comparison of various perspectives of domestic and foreign scholars on it, the author makes it the definition:" A minor procedural defects of administrative acts, which can be added and corrected by the administration manager within a certain period of time afterwards .As a result, an illegal administrative act can be turned into a legitimate one, and its legal effects are maintained." Then, the author also has some detailed definitions, such as administrative procedures, the defects of the administrative procedures, the recognition of the...