The Litigable Nature Of The Administrative Factual Behaviors

This paper mainly discuss the litigable nature of the administrative factualbehaviors with the aim of exploring the reason and judgment standard of litigablenature of the administrative factual behaviors, which has both practical and theoreticalmeaning.This article is divided into three parts, involving in the introduction part、the mainbody and the conclusion part.The main body is separated to four chapters.The first chapter analyzes the theories about the litigable nature of theadministrative factual behaviors. Section one introduces the conception of the actualadministrative act. Through comparing the administrative factual behaviors withHoheitliche Verwaltung、Fiskus and civil act, this section further defines this content.Section two is related to the feature of the administrative factual behaviors. Sectionthree classifies the administrative factual behaviors according to the differentclassification standards and puts forward personal views and opinions.The second chapter puts the emphasis on the reason of the litigable nature of theadministrative factual behaviors from the perspective of the theory and reality. Sectionone based on the theory of power restriction、the theory of objective value order andthe principal of legal relief, the administrative factual behaviors is litigated. Sectiontwo the development of administrative litigation in our country together with thevaluable practice abroad will be instrumental in realizing the litigable nature of theactual administrative act.The third chapter sums up the judgment standard and fundamental of litigablenature of the administrative factual behaviors. It is respectively: the principle ofeconomic benefit、 the principle of system acceptability and the principle ofproportionality.The last chapter, the article talks about the litigable nature of two of the administrative factual behaviors. One is the administrative guidance act, the other isadministrative investigation. In this chapter, the author makes detailed discussion onthe conception and type of the two forms and especially puts emphasis on theempirical analysis about the two ways in hopes of confirming the importance andnecessity of realizing the litigable nature of the administrative factual behaviors.