On The System Of Remedying Defective Administrative Acts

In China,defective administrative action was initially an academic term,but it is not really a legal concept in the sense that it is used.The term first appeared in translations from civil law countries such as Germany and Japan.Later,Chinese scholars began to focus their research on how to determine the validity of administrative acts,and also argued that defective administrative acts should be considered as part of administrative acts,and thus it was heavily researched and applied.The remedy is the remedy for certain minor defective administrative acts that lack certain procedural elements but are not substantive elements,which in turn changes the illegitimate state of the defective administrative act and restores the defective administrative act to what would have been a legitimate administrative act.The rule of law in China has become an important policy and has reached unprecedented heights in its history.The modern concept of the rule of law in the country emphasises the importance of administrative procedures,but this is often overlooked in the operation of administrative power.The remediation of defective administrative acts refers to the use of remediation to repair defects rather than simply taking the form of liability such as revocation,annulment or confirmation of illegality,where there is a smaller defect in an administrative offence.There are some defective administrative acts,for example,minor procedural defects,which,even though they violate the statutory procedures,the act itself is true and lawful in its meaning and is fair.These minor procedural defects do not lead to the result that the administrative act is substantially unjust.If we do not take remedial measures to make up for the defects in the administrative act,but rather a blanket revocation or invalidation,this obviously deviates from the purpose of safeguarding the rights and interests of the relative.Therefore,remedial measures can be taken to truly realise the rule of law,so as to effectively safeguard the rights and interests of the relatives.In recent years,this issue has aroused heated discussions and widespread concern in the administrative law community.In various countries(regions) of the civil law system,compared to China,the research on defective administrative acts and its remedial system is more in-depth,and a relatively mature legislative system has been formulated,and the legal provisions clearly stipulate the connotation of defective administrative acts and its remedial system,while in China,due to the unsoundness of the provisions of the administrative litigation law,and the lack of public awareness of defective administrative acts remedial,resulting in a gap in the legislation.Despite the prevalence of defective administrative acts in daily administrative practice,we have not been able to explore its theoretical basis,nor have we been able to establish an effective institutional mechanism to regulate and restrain such acts.In the face of this situation,China should take the initiative to learn from the relevant overseas legislative experience,take its essence,and lay the foundation for the construction of a unified administrative act correction system,including the defective administrative act correction system.