论城管执法行为公定力-法律学专业论文.docxVIP

1 1 2 2 Abstract The theory of traditional four validities of administrative act has been dominated in academia. According to the theory, the effect of an administrative act includes presumptive legality, determine power, restraint effect and executive ability. The presumptive legality which is an effect to everyone plays a basic role in the validities. It means that once an administrative act is established, the law will understand it as legal and effective and no individual or organization could deny or reject but recognize and respect it. Affected by countries such as German and Japan, some scholars at home and aboard strongly questioned the presumptive legality in recent years.According to the theory of validity of administrative act, a specific administrative act of comprehensive law enforcement of urban management also has presumptive legality. Presumptive legality plays a significant role in fields such as maintaining national public power authority, assuring the implementation of administrative acts and ensuring the administrative order and stability and so on. However, as the development of social economy and universal of law go on, presumptive legality of administrative act will inevitable bring immeasurable negative effect on administrative law enforcement and its relative person. Based on the study of the specific administrative act of our comprehensive law enforcement of urban management, this paper combines our actual situation to investigate the merits and demerits of our law enforcement of urban management. This paper is divided into six parts. The preface is a brief introduction about raise and development of presumptive legality, including this papers research methods,ideas and different scholars’ research condition.Based on the specific practice of law enforcement of urban management,the author also reasonably questions the presumptive legality of law enforcement of urban management. The first part is an analysis of the actual situation of our