Research On The Legal Relief Of Administrative Factual Action

Along with the development community，the construction of service-type Government，Governmentbehavior patterns of diversity. The original Administrative act theory is not applicable to study on a newadministrative act，a new administrative act also required To get legal regulation and the correspondingremedies，administrative factual Act in this context comes into being. Administrative facts Acts asadministrative actions in recent years against the legitimate interests of private parties more types，especially since the partial line Political behavior is implemented in the absence of a legal basis or incompliance with the law， but in order to Effective in achieving administrative purposes，while supportingan administrative legal act，implementation，communication，sexuality. In view of This， by legal remedysystem settings， increasing constraints on the supervision of administrative factual Act and theadministrative facts Into the scope of legal remedies，and form a fairly complete supervision of reliefmechanisms for maintaining the private party or its His legitimate rights and interests of the stakeholdersand urging the executive authorities shall perform their duties to achieve legalization of administrativeacts，Is of great theoretical value and practical significance. Abroad，the United States and the UnitedKingdom，and Germany，and Japan have administrative factual Act into the scope of accepting cases forjudicial， administrative relief， and the current concept of administrative factual Act in our country thereis still no unified theory， how to integrate administrative factual Act administrative， judicial remedies arealso controversial. In order to fill the vacuum relief of administrative factual Act，starting from the conceptof administrative factual Act in this article to study related systems in foreign countries， legal relief ofadministrative factual Act put forward sound proposals.The first part of this article illustrates the theory of administrative factual Act. This section first of alldomestic and foreign administrative factual Act list and summary of the research results, and summed upthe four representative points of analysis. On this basis, focusing on the concept of administrative factualAct definition and basic characteristics and classification of, and administrative factual Act andadministrative acts, administrative law, administrative act, administrative tort concept distinguish between them. Finally the necessity of defining administrative factual Act.The second part of this article describes the extraterritorial legal relief system of administrative factualAct. Common law of the United Kingdom and the United States, as well as the civil law of Germany, andFrance, as well as China’s Taiwan region focusing on analysis of the national system of administrativefactual Act relief, compared and analyzed in terms of administrative factual Act relief needed theimperfections that exist.The third part of this article from the relevant provisions of administrative factual Act in China and onthe system of administrative factual Act introduced the current situation of China’s relief system ofadministrative factual Act and flaws; for example, narrow the scope of accepting cases in administrativelitigation, administrative litigation threshold, State compensation system is not perfect, unsound executivecompensation system. Raised the issue of administrative factual Act now exists in China.The fourth part of this article are presented on the basis of the foregoing defects in basic conception onperfecting the legal relief of administrative factual Act. Expansion of the scope of accepting cases inadministrative litigation, reduce administrative litigation threshold, perfection of national compensationsystem, improve the system of administrative compensation.Under the guidance of the concept of rule of law in contemporary China, any administrative acts of theexecutive authorities should be integrated into the legal system, administrative factual Act in this contextalso to subject like legal legal regulation. This paper attempts to define the concept of administrative factualAct, as well as perfect legal relief of administrative factual Act.