I. What are the characteristics of public authority for administrative conduct
Publicity of administrative conduct is characterized by the fact that it is the basis for the validity of administrative conduct. The determination, binding and enforcement powers are derived from the public power of administrative conduct. Administrative acts are generally not 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。
(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。
Ii. Characteristics of administrative conduct
1. An administrative act is an act of enforcement of the law, and any administrative act must have a legal basis, be subordinate to the law and not be subject to any administrative act without the express provision or authorization of the law。
The discretionary nature of the administrative act is determined by the limitations of the legislative technique itself and the breadth, variability and adaptability of the administration。
3. The executive has a unilateral character in the commission of an administrative act, which can be made autonomous by law without consultation or consent of the administrative counterpart. Even in the case of administrative contract acts, administrative subjects have a unilateral nature different from that of civil contracts in terms of their conclusion, modification, discharge and performance。
4. Administrative acts are carried out in accordance with the state's coercive powers and are compulsory, and the administrative counterpart must comply and cooperate with them. Otherwise, the administrative body will impose sanctions or enforce them. Such coercion is closely linked to unilateral will, which cannot be achieved without the mandatory nature of administrative conduct。
Administrative acts are based on the principle of pro bono, with the exception of compensation. It is the international and social public interest that is pursued by the executive, and its collection, preservation and distribution of the public interest should be unpaid. When a particular administrative counterparty bears a special public burden or shares a special public interest, it should be paid for, and this is the question of fair burden and burden of benefit。
In the light of the foregoing, an administrative act has the force of law, so it is not allowed to be treated lightly. If it is enforced, it cannot be prevented from being carried out, or otherwise enforced by the authorities concerned under the law. This also reflects the authority and authority of the law of the state, which is not open to challenge, and is a presumed legal effect once established, whether legal or not。
