Administrative Law Dr. He Chen ch1797@sina

1. Administrative LawDr. He Chench1797@sina.com

2. Chapter 5: Specific Administrative Acts • General Description of Specific Administrative Act • Establishment, Effectiveness, and Validity of Specific Administrative Act • Forms of Specific Administrative Act

3. 5.1 General Description of Specific Administrative Act • 5.1.1 concept and feature • Specific administrative act means that administrative subjects make decisions directly against specific objects and affairs.

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

5. 5.2 Establishment, Effectiveness, and Validity of Specific Administrative Act • 5.2.1 the establishment(成立) 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

6. 5.2.2 entry-into-force(生效) of specific administrative act • the entry-into-force of specific administrative act means that administrative act has binding force on the counterparts and begins to influence the rights and obligations of the counterparts.

7. As soon as specific administrative act is made, it will be deduced to be legitimate and the counterpart has to abide it. • Only under some special conditions, the execution of administrative act will be stopped.

8. 5.2.3 the legal essentials(合法性要件) of specific administrative act • Specific administrative act should be in line with the basic requirements, then it will be legal administrative act . • Though some administrative acts are effective, they are illegal administrative acts.

9. the legal essentials: • The subject has administrative competence • The evidence is irrefutable • The procedure is legitimate • Laws and regulations must be applied correctly • Doesn’t abuse authorities

10. 5.3 Forms of Specific Administrative Act • Administrative penalty行政处罚 • Administrative coercion行政强制 • Administrative license行政许可 • Administrative verification行政确认 • Administrative collection行政征收 • Administrative endowment (supply)行政资助 • Administrative adjudication (verdict)行政裁决 • Etc.