On The Cancellation Of Administrative Act

The cancellation of administrative act is a widespread phenomenon in administrative practice as well as the important contents of the study of administrative law science. Owing to some reasons like the political systems, traditional law and the value trends etc., there are great differences in the system to the cancellation of administrative act among mainland of china, other countries and regions in some aspects like cancellation scope and cancellation subject and so on. Starting from the concepts of cancellation, the article focuses on comparing and analyzing a series of related concepts like the cancellation of administrative act, administrative act cancelled, the invalidation of administrative act and the abolition of administrative act.According to different motivating forces of cancellation procedure, there are two means to the cancellation of administrative act which are authoritative cancellation and litigious cancellation, but these two have no essential difference. Therefore, a united, applicable cancellation standards fitting for authoritative cancellation and litigious cancellation can be set up surely. These standards include lacking the main proof, breaching the legal procedure seriously, overstepping duties and abusing authorities. As for a kind of legal act, the cancellation of administrative act will directly forms and causes a series of law results including negating the effect of the administrative act, recovering the benefits, compensating the losses and ordering reconstruction. On the other hand, the cancellation of administrative act can support the law's purity, but on the other hand it will impact the law's values and benefits like stability in law, faith in benefits and public benefits. Therefore, The cancellation of administrative act should be fit for the cancellation standards, along with the limitation of behavioral type, cancellation time, cancellation procedure in order to keep equilibrium between various benefits and values.