Infringement Chief Fact That Behavior Legal Remedies Discussed

The fundamental research of related administrative fact-behavior still was at the start-stage in the domestic administrative law in the world. And this article attempts to creatively propose "the illegal administrative fact-behavior" concept through to the domestic and foreign administrative fact-behavior theory comparison research; it Utilizes the actual case, which emphatically prominent illegally administration fact behavior the violation relief analysis, and unifies our country judicature practice, which specially is the addinistrative procedural law and the national compensation law to the illegal administrative fact-behavior relief suitable realistic situation. The preliminary discussion for the illegal administration of the fact-behavior for relief system is the whole construction with the consummation.First, in this article foreword author specifies this article with selected topic significance: The research about the illegal administrative fact-behavior theoretically may fill administrative fact-behavior fundamental research lacking, which simultaneously also is for construction for our country' judicature practice. The fact-behavior relief system makes an preliminary exploration, thus the hope is achieved in the correlation question consistent with the theory. The author also pointed out that this article has mainly utilized the comparison with analytic method; because this article studies with the judicial practice which related domain question in close correlation. Therefore it suitably alternated many cases to analyze to elaborate.Next, the author has discussed two aspects contents with emphasis partial in the main text: The fundamental research of the illegal administrative factbehavior constructs the illegal administrative fact-behavior for the relief system, which Was taking the fundamental research part. The author first obtains from the administrative fact behavior value localization, which expounds "the illegal administrative fact behavior". Then details elaborated the illegal administrative fact-behavior constitution of the important document The author also specifically has analyzed the research for the illegal administration fact-behavior in great significance afterwards. Mainly this article manifests the theory and the judicial practice instruction significance: It is advantageous to the promotion administrative law fundamental research which develops and conforms to the modem administrative jurisprudence to the depth the development tendency, which takes day by day to the administrative procedure research, the promotion legally administration; In the practice is adapts national revision and so on compensation law and administrative procedural law in order to protects the administrative relative person legitimate rights and interests well the need.To the illegal administrative-fact behavior relief, it is the core content which this article studies for. It includes following several major problems: Illegal administrative fact-behavior violation; Illegal administrative fact-behavior in our country relief present situation; Illegal administrative fact-behavior of relief system in preliminary design: A, the administration reconsiders the relief system for the tentative plan; B, "National Compensation Law" center provides relief for the tentative plan; C, administrative proceedings in relief system for the tentative plan; D, it entrusts with the administrative relative person which is independent to remove the request power and to take the request power. The author finally obtains the conclusion is: In view of the fact that illegal administrative factbehavior, the discusses has the vital significance to the illegal administrative fact-behavior of the relief system.Certainly, the whole relief system construction is only a preliminary exploration. It also needs the fundamental research, which simultaneously also needs the judicial practice, especially for the administrative procedural law and the national compensation law practical application examination. Even also it involves in the legislation to the correlation law unceasing revision and the consummation; all these need long-term and the complex process. Author's all endeavors only are a small attemptFinally, in this article appendix, the author in detail enumerated the quotation which the paper mentioned.