The Logical Justification of the Theory of Administrative Obligation Succession
When the subject undertaking an obligation in the administrative legal relationship changes,there arises an issue of whether it is possible for a third party to succeed the administrative obligation that the original obligor should undertake and how to succeed such administrative obligation.Although there exist relevant procedural provisions on the administrative obligation succession in the administrative-law norms of China,there is a lack of substantive provisions specifying the constituent elements of administrative obligation succession.In judicial practice,there is also a question of how to fulfill the administrative obligation after the death or termination of the subject undertaking an obligation.The non-sameness of subject and the sameness of obligation are the necessary conceptual elements of the administrative obligation succession,and after meeting the three conditions,i.e.the existence of specific administrative obligation that can be succeeded,the occurrence of the cause of succession and the legal basis for succession,the administrative legal relationship of succession comes into being,and the administrative obligation of the original obligor is succeeded by the third party.However,under normal circumstances,the administrative decision of determining the administrative obligation of the original obligor has no enforcement force on the successor,and the administrative organ shall make a new administrative decision on the basis of the presumption of legality of the original administrative decision,with the successor as the counterpart,thus determining the scope of the succeeded obligation.
the Specific Administrative ObligationsSuccessionabilitythe Cause of Successionthe Legal Basis for Succession
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