| Administrative activities are more and more characterized by process,the relationship between administrative acts is increasingly close.Therefore,the era of management relying on a single administrative act has also gradually faded away.It is more often that administrative agencies need to make several administrative actions of an associated nature in order to achieve effective management and enforcement.In practice,these related administrative acts are often treated as an administrative act.In fact,these highly correlative administrative actions will have a coopetition phenomenon in the entire administrative process.This kind of phenomenon is inevitable in the process of administrative process.Although the existing theory of administrative behavior includes the theory of principal-subordinate administrative behavior and the theory of multi-stage administrative behavior,it can be used to explain the phenomenon that some administrative behaviors are competing with each other.However,This phenomenon has been systematically studied and typed.It can be seen that the lack of due attention paid by the academic circles to the phenomenon of competing and merging of administrative acts in the administrative process still regards them as an administrative act as a result.As a result,some administrative acts have escaped legal supervision and administrative acts have been made too much Focus on results,ignoring the legitimacy of the entire process.The author takes the administrative process theory as the research starting point,attempts to construct a basic theoretical system,and defines the conception and the essence of the phenomenon of the competing and competing administrative behavior,and carries on the research on its theoretical basis,competing type and competing legal liability Preliminary analysis,trying to correctly understand the phenomenon of competing administrative acts and their legal effects.However,the administrative process is a relatively broad concept,which has the distinction between generalization and chivalry.The narrowly defined administrative process merely refers to what happens to the administrative counterparts in the process of configuration,implementation(operation)and supervision of administrative power,The respective forms and states of mutual relations in time and space.Most of the specific administrative actions that affect the legal rights of relatives are concentrated in the implementation(operation)and supervision of administrative power.Therefore,the scope of the co-opetition of the specific administrative behavior studied by the author is limited to the implementation(operation)and supervision of administrative power.The author attempts to study the phenomenon of competition and cooperation by combing the relevant theories,comparative studies of domestic and foreign literature,case analysis,historical analysis and logical analysis,and divides it into four parts:The first chapter mainly introduces the administrative process The basic theoretical issues concerning the co-opetition of administrative behaviors include the phenomena,concepts,theoretical basis,and research necessity of the co-opetition of administrative behavior;Chapter 2 mainly introduces the criteria for determining the concurrence of administrative acts;Chapter 3 mainly deals with the concurrence of administrative acts.The type of research is conducted;the fourth chapter mainly introduces the related legal liability of the administrative behavior.The competition of administrative acts can be said to be an objective phenomenon,its research should not be absent.Under the circumstance of less theoretical study of administrative law and different practices in judicial practice,this dissertation focuses on the theoretical construction and empirical analysis,systematically studies the competing phenomenon of administrative behavior and preliminarily constructs the relevant legal responsibility system. |
