“Two-Quality-State Theory” and “Three-Effect Theory”: Reconstruction of the effect of administrative act
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    Abstract:

    The presumptive legality in essence is formal legal effect of administrative act, because the presumptive legality theory can not be retained by correcting its fatal mistakes, and it should be replaced by the “formal legal effect theory” of administrative act. In effect form, the effect of administrative act can be divided into formal legal effect and substantive legal effect, namely the “two quality-state theory” of the effect of administrative act. In the specific content of the effect of the constitution, the effect of administrative act consists of existence effect, binding effect and implementation effect, and namely “three effect theory” of the effect of administrative act. Between “three-effect theory” and “two-quality-state theory” is the relationship of content and form of the effect of administrative act. As to constructing the theories of the effect of the administrative act, “three-effect theory” and “two-quality-state theory” are inseparable and indispensable; the former is “on effect content”, the latter is “on effect quality and state”, and it is the unity of opposites of the above two, which constitutes a complete and scientific system of the effect of administrative act.

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马生安.“两质态论”与“三效力说”:行政行为效力体系重构[J].重庆大学学报社会科学版,2015,21(3):121~127

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History
  • Received:February 05,2015
  • Revised:
  • Adopted:
  • Online: June 11,2015
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