Administrative Law Dr. He Chen [e-mail]

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Administrative LawDr. He Chench1797_at_sina.com
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Chapter 5 Specific Administrative Acts

• General Description of Specific Administrative
  Act
• Establishment, Effectiveness, and Validity of
  Specific Administrative Act
• Forms of Specific Administrative Act

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5.1 General Description of Specific
Administrative Act

• 5.1.1 concept and feature
• Specific administrative act refers to that
  administrative subjects make decisions directly
  against specific objects and affairs.

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• Features
• The specified character of its object
• Applicable only for once
• Direct character of its functions
• Different procedure of act
• Indictable character

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5.2 Establishment, Effectiveness, and Validity of
Specific Administrative Act

• 5.2.1 the establishment of a specific
  administrative act
• Conduct subject is administrative subject
• The act itself must have the content of
  administrative management
• Implement in the name of administrative organs

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• 5.2.2 entry-into-force of specific administrative
  act
• the entry-into-force of specific administrative
  act refers to that administrative act has binding
  force on the counterparts and begins to influence
  the rights and obligations of the counterparts.

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• As soon as specific administrative act is made,
  it will be deduced to be legitimate, the
  counterpart has to abide by.
• After specific administrative act becomes
  effective, no matter whether it is legitimate or
  not, all is effective specific administrative
  act.

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• 5.2.3 the legal essentials of specific
  administrative act
• Legal essentials of specific administrative act
  refer to specific administrative act should be in
  line with the basic requirements, then it will be
  legal administrative act .
• The essentials of specific administrative act to
  become effective are different from the legal
  essentials. Though some administrative acts
  effective, they are illegal administrative acts.

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• the legal essentials
• The subject has administrative competence
• The evidence is irrefutable
• The procedure is legitimate
• Laws and regulations applied must be correct
• Doesnt abuse authorities

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• 5.2.4 the effectiveness of specific
  administrative act
• De Facto Force(???,the presumptive rightfulness)
• The Determinative Force(???,unchangeable force)
• The Binding Force (???)
• The Enforceable Force (???, executive force)

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5.3 Forms of Specific Administrative Act

• Administrative license????
• Administrative verification????
• Administrative collection????
• Administrative requisition????
• Administrative endowment????
• Administrative verdict????
• Etc.