Dissertation
Dissertation > Political, legal > Legal > Chinese law > Administrative law

Invalid administrative action research

Author WuChaoJun
Tutor TanZongZe
School Southwest University of Political Science
Course Constitutional and Administrative Law
Keywords Invalid administrative act. Administrative act is invalid Relative right of resistance The Public Force Illegal administrative acts University Press Administrative Procedure Act Administrative Law The force of law Civil law
CLC D922.1
Type Master's thesis
Year 2006
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Invalid administrative act falls into the scope of the administrative act theories of continental law family, which stands an exception to the authority of administrative acts. In view of the invalid administrative act system set up by continental law countries, the counterparty enjoys appropriate right of resistance to the invalid administrative acts as well as related redemption ways, as opposed to common unlawful administrative acts. The system of invalid administrative acts is beneficial for the enforcement of administrative acts, and ultimately protects the interests of the counterparty before any irrecoverable losses occur. It plays an important role in the reformation and the promotion of the people’s conception of rights, in the protection of the counterparty’s rights, and in the construction of the undergoing rule of administrative law.However, the theory of valid administrative act is yet to be developed here in China, although the term ’invalid’ does exist in our legal system, and so does the counterparty’s right of resistance to some extent. But generally speaking, the conception and standard of ’invalid’ is in lack. And this leads to the failure to better protect the counterparty’s right, thus it is far too early to say we have advanced system of invalid administrative act. Starting with the fundamental theories of the valid administrative act and on the basis of the right of resistance, this article presents a thorough research on the invalid administrative act in three chapters.Chapter One deals with the definition of invalid administrative act This section starts to analyze the invalid administrative act from two angels. First we make a comparison of the definitions of invalid administration act between China and foreign countries, and conies to the definition that the invalid administration act is an act without legal validity from the start, which is defined as null and void by the law or is declared invalid by related authority due to evident breach of law. And we classify the invalid administrative act into absolute invalid, relative invalid, partly invalid and full invalid; In addition, we classify the invalid administrative act, and draws comparison between invalid administrative act, cancelable administrative act, unlawful administrative act, nonexistence of administrative act, abolishment of administrative act, ineffectiveness of administrative act and

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