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Administrative Law Dr. He Chen ch1797@sina

Administrative Law Dr. He Chen ch1797@sina.com. Chapter 3: Administrative Acts. Definition and Features of Administrative Acts Effectiveness of Administrative Acts Classification of Administrative Acts. 3.1 Definition and Features of Administrative Acts. 3.1.1 Definition

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Administrative Law Dr. He Chen ch1797@sina

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  1. Administrative LawDr. He Chench1797@sina.com

  2. Chapter 3: Administrative Acts • Definition and Features of Administrative Acts • Effectiveness of Administrative Acts • Classification of Administrative Acts

  3. 3.1 Definition and Features of Administrative Acts • 3.1.1 Definition • Administrative acts are acts that are legally effectively practiced by administrative subjects. • Administrative acts have to be provided by the following essentials: subjects, powers, the law. Any act lacking any of them does not constitute an administrative act.

  4. 3.1.2 Features • Administrative acts have the following features: • Enforceable • Unilateral • Discretional • unified

  5. 3.2 Effectiveness of Administrative Acts • De Facto Force(公定力,the presumptive rightfulness): suppose to be right • The Determinative Force(确定力): can’t be changed without certain procedure. • The Binding Force (拘束力): anyone should be bound by it • The Enforceable Force (执行力): have the right of compulsory execution

  6. 3.3 Classification of Administrative Acts • 3.3.1 Abstract administrative acts and specific administrative acts • Abstract administrative acts are administrative acts executed by administrative subjects whose administrative objects are not fixed people or affairs. The manifestation(表现形式) of abstract administrative acts is generally normative legal documents made by administrative subjects.

  7. Specific administrative acts are the disposal towards specific objects and specific affairs.

  8. 3.3.2 Strict (羁束的) administrative acts and administrative acts of discretion(裁量) • Strict administrative acts are administrative acts whose scopes, conditions, forms, procedures and methods etc. are specifically defined by the law and are not for administrative organs to choose.

  9. administrative acts of discretion are administrative acts on which the law merely specifies the scopes, conditions, ranges and types etc. and administrative organs decides how to apply the law according to the circumstances.

  10. 3.3.3 Administrative acts to be applied for and administrative acts based on authority • The former refers to the administrative acts that are preconditioned by application of counterparts. • The latter refers to the administrative acts in which administrative organs initiatively execute their administrative power and do not need the application of counterparts.

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