Flaws Of Administrative Behavior Problems

Defecive administrative act administrative act is mainly theoretical in civil law countries the issue is an important topic in the field of administrative law, but also a new system. It is accompanied by the production of administrative law, from traditional to modern evolutionary process, contains many more times the spirit of the administrative law concept. Defects in administrative acts related to the system both for the relative protection of human rights, to promote awareness of the rights of the people, or administrative rule of law in China has very important significance.Defective administrative act theory and related systems, Germany, Japan and Taiwan, China and other countries and regions to be recognized, not only in theory, in-depth study and exploration, but in reality, but also improve the enforcement of relevant legislation and practice. But in our study of the theory of continental writings about the very rare, even if there is only a rough related, research has not yet reached the degree of the system; lack of appropriate legislative provisions, resulting in the empowerment of the law relative can not achieve better protection of the rights. This choice of this topic and hope that through research of existing systems and foreign order, the foreign-related legislation for reference to the theory and in close connection with China’s law practice, for the country’s flawed administrative system and the system behavior theory provides theoretical support and specific building recommendations. This paper is divided into four parts for defects systematic study of administrative behavior:The first part is a flawed concept and definition of administrative action. This section focuses on the core task is to answer "What is the defect behavior," this issue, can be said that the concept of defective administrative act administrative act is flawed system of the soul, it is related to defects in the behavior of the entire system and administrative structure. Interpretation of this part of the first academic study of defects in administrative acts of state and that the existing research errors. Second, a clear flaw in this paper to explore the theory of administrative action is based on the premise-the existing concept of administrative action and then tightening type of positioning. Then the traditional dichotomy of administrative action logic paradox as the entry point defects to define the meaning of administrative acts. Finally, defects in administrative acts of the constituent elements of a specific analysis.The second part is a flawed system of administrative acts outside the practice. This section is defective administrative acts in civil law countries in the study and practice of the situation to make a specific comparison of state visits, the specific choice of Germany, Japan and Taiwan of China, various countries and regions from defects in administrative acts of the study to find out Enlightenment, and learn useful results. The third part is the classifacation of detective administrative acts, as well as the actual situation of China administrative action defective administrative acts have been classifide in accordence with the sevetity of the defects.The fourth part is defective administrative action to build the system. In the continuous development of society today, the role of administrative acts and categories will continue to increase, how to build a mechanism for dealing with defective administrative acts, administrative acts that have a flaw flawless results, it is very important. Close this part of the rule of law in our country, the first abstract handle four common defects in administrative acts should follow the principle, and then under the guidance of these principles, four types of defects for the different characteristics of the system to build a reasonable deal, with a view to legislation, law enforcement and judicial practice in the establishment of a clear, workable standards and basis.In short, this hope in our current operation of the executive power under the framework of the defects have a full understanding of administrative acts, and have a good mechanism to identify and distinguish, in law or under the protection of the system, so that defective reasonable administrative action through a variety of ways to get effective treatment, with a view to ensure the legality and legitimacy of administrative acts. Which can be driven by the administration according to law, the building of a socialist country ruled by law and building a harmonious society a positive sense...