Abstract：In 2014, the administrative litigation law changed the scope of administrative litigation from“concrete administrative act”to“administrative act”, which resulted in the fact that factual administrative act belongs to the scope of administrative litigation. Judging from our current theory and practice, the judgment criterion of factual administrative act is still controversial and vague. Through the investigation of German law, the birthplace of factual administrative act, it can be found that factual administrative act does produce legal effect, but does not directly produce legal effect. That is to say, factual administrative act may affect the rights and obligations of the parties, but this is not the intention of the executive authorities. It is the characteristics of factual administrative act that directly produces the factual effect. The German law is mainly based on“whether there is an adjustment or not(that is, whether it has legal validity and whether it directly produces the legal effect or not)as a standard to distinguish the concrete administrative acts and factual administrative acts, which is worthy of our reference. The definition of factual administrative act will help us to recognize the nature of administrative coercion, public information, mediation, administrative guidance, procedural act and quasi concrete administrative act.