(a) publicity means that an administrative act is presumed to have legal and effective legal effect, provided that it is null and void from the outset and has been formulated, whether in substance or not, and that citizens and organizations may not deny the validity of an administrative act without a change or withdrawal from the legal procedure; at the same time, during administrative review and proceedings, there are no special provisions of the law and in principle there is no suspension. It is also referred to as prefix or presumed validity。
Characteristics of force:
(1) public force is the basis for the validity of administrative acts. The determination, binding and enforcement powers are derived from the public power of administrative conduct。
(2) administrative acts are not generally suspended during administrative review and proceedings and during appeals. Since administrative acts are presumed to be lawful and valid as soon as they are committed。
Generally, an administrative act is an act committed by an administrative subject capable of producing legal effects. Such acts are part, not all, of all acts of the executive. The effects of administrative acts are as follows:
(1) determination of administrative acts
The certainty of an administrative act means an administrative act that is validly constituted and has an immutable effect, i. E. One that cannot be changed or revoked and irrefutable except in accordance with the law。
(2) administrative acts are binding
The binding nature of an administrative act means that, after the establishment of the administrative act, its content is legally binding on the person or organization concerned, which must comply and obey. This is reflected mainly in the binding nature of the executive branch and its administrative counterpart。
(3) publicity of administrative acts power
The so-called “publicity” means an administrative act, whether lawful or unlawful, which is presumed to be lawful and valid and which the parties concerned should observe or obey. This is required by the principle of administrative efficiency。
(4) executive acts are enforceable
The performance of an administrative act means that, after the entry into force of the administrative act, the administrative body has the power, in accordance with the law, to take certain measures to give effect to the content of the administrative act。
Administrative acts have the following dimensions:
1. An administrative act is an act of an administrative subject. This is the main element of administrative conduct。
2. An administrative act is an act of an administrative agent in the exercise of administrative powers and performance of administrative duties. This is an element of competence and responsibility for administrative acts。
3. An administrative act is an act of legal significance. This is the legal element of administrative conduct as a legal concept。
