On The Construction Of Illegal Administrative Acts To Cure The System

The cure of illegal administrative behavior, is an ex post correction of slightly illegal administrative behavior, to make the illegal administrative behavior lacking of legal elements into legal administrative behavior, so as to maintain its effectiveness as a remedy. The background of this system’s birth is increasingly mature of the value of modern administrative procedure, which highlight the idea of substantial rule of law, embodies the administrative justice value, comply with the principle of administrative efficiency and protect the legitimate interests of administrative counterpart. The cure system mainly exists in the code of administrative procedure of continental law system countries and areas, plays a unique role in the administrative process. Due to China’s traditional concept of the rule of law, the administrative procedure legislation that established lags behind, this system does not involve legislation practice in china. In recent years, this system has attracted wide attention in mainland of China, theory research gradually increased, but most of them still remain in the simple introduction of foreign related system, and no in-depth analysis system. Therefore, my paper aims to absorb advanced administrative concepts and learn the mature legislative experience of other countries and regions, combine with the reality of our country, aiming at the defects and problems existing in the legislation of our country, to give a comprehensive exposition of how to establish the system of the cure system in our country.There are two purposes of my research.The first is to point out the urgency of establishment of the illegal administrative cure system in our country,by analyzing the backwardness of current regulation legal consequence of illegal administrative action in China and the defects existing in the current regulation illegal administrative acts in Chinese administrative law.The second is to emphasis on the cure of slightly illegal administrative behavior to remove its illegality, into a legitimate administrative behavior,which protects the administrative relative person’s legitimate interests, safeguards public interests, maintains the stability of law. The cure of illegal administrative behavior should be based on the administrative reform in our country, combined with the current situation, and under the guidance of justice and efficiency.The research method:beginning with the analysis of a case, then leads to the basic theory of cure of illegal administrative behavior, that is to say, I use the method of theory research and empirical analysis to explain the defects of current illegal administrative acts in our country regulation legal consequences legal. And then learn from foreign advanced legislative experience, combined with China’s situation of the specific measures to solve the problem. Focuses on building the path to correct and ratify illegal administrative behavior in China.One result of this research is to have a clearer understanding of the connotation of the cure of illegal administrative behavior, the means to cure the illegal administrative action is further clear. The other result is to construct the theoretical system of the cure of illegal administrative behavior in China, which is based on the foreign legislative experience, combined with China’s reality.This paper is divided into three parts:introduction, body and conclusion.The introduction part introduces the research status and research significance.The basic framework is as follows:The first part focuses on the basic theory of the cure of illegal administrative behavior. In this part, followed by the analysis of the concept, the value and means of the cure of illegal administrative behavior, to provide theoretical support for the construction of Chinese cure system of illegal administrative behavior.The second part, respectively, from the type, degree of illegal, illegal administrative behavior and cure effect three aspects elaborated the applicable limits of cure system of illegal administrative behavior,in order to prevent the abuse of this system, which contrary to establish it in the first place.The third part is divided into two chapters, respectively discusses the illegal administrative acts of the compensation system and the ratification system. Learning the practice and legislative experience of other countries and regions, according to the specific situation of our country to construct Chinese ratification and correction system.Finally is the conclusion of this paper. This section reiterates the effects of the cure of illegal administrative behavior and the necessary to build it. And then points out that the establishment of this system though there are difficulties, but as long as seriously, in our country there is its survival soil.