Title: Transmutation of the Concept of Administrative Act
Abstract: It is generally believed academically that the concept of administrative act refers to the administrative actions taken by state organs in accordance with law,which directly or indirectly have legal effects. The primary value of this concept of administrative act lies in the maintenance of social order but the concept lacks a clear setup,definiteness,and flexibility. With the establishment of the market economy and modern administration's increased concern about democracy and rationality,service administration began to emerge in the laws and protection of human rights as the primary value has gradually escalated to the summit of the law values. The academic definition does not match the value status of the law,fails to cover the service administration in content,and cannot explain the methods of service administration. Therefore the concept of administrative act should be more broadly interpreted according to the Chinese judicial practice. The expanded concept of administrative act will take human right protection as its primary value,include administrative legal act,administrative factual act,and quasi-administrative(legal)act,and thereof form a system of administrative act with Chinese characteristics. It is necessary to amend the theory of the administrative act's establishment so as to achieve the coordination of the basic theory of the administrative law based on the value status of the law and the judicial practice requirements.
Publication Year: 2015
Publication Date: 2015-01-01
Language: en
Type: article
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