英文摘要 |
The correct application of legal norms is one of the legal requirements of administrative actions. Local regulation is a type of legal normative basis for administrative actions, but there may be two situations that violate the norms of higher level , namely, conflict with the norms of higher level or not updated timely. Due to the different timing of the formation of illegality, the legal effect of error-correction and the follow- up processing ideas, methods, procedures and value orientations therefrom are greatly different. Correction behavior aims at maintaining the stability of legal norms and the stability of the legal order thereon, and subsequent correction of administrative behaviors is also to maintain legal stability herein. It is an international trend that sovereign act immunity is gradually restricted. The boundary between political and legal issues has been clarified. Legislative responsibility, especially legislative compensation, has been gradually established and perfected and is recommended to be introduced into China. Two remedies for realizing administrative responsibility are the revocation of administrative actions due to errors in applicable laws or the invalidation of administrative actions due to lack of basis. Legislative responsibilities can also be implemented by means of apology by the legislature, compensation by legislation, and withdrawal of administrative actions. The typification of the three-level structure with the original conflict and untimely updated, the benefit and burden, and the increase and decrease of benefits as the distinguishing criteria increases the understanding of its legeal effect and be conducive to guide the follow- up processing from the perspectives of concepts, principles, and rules. |