The Withdrawn Of The Administrative Action

The withdrawn of the administrative action is a failure of the system and it is different from the cancelled, abrogated and redressed of the administrative action on the concept. This paper attempts to combine the theory and legislative situation of our country, referencing the mature theory and legislative of other countries, beginning from the withdrawn of the administrative action, analyzing the conditions of the withdrawn of the administrative action and the type of the withdrawn of the administrative action and the produce of the withdrawn of the administrative action the legal effect of the withdrawn of the administrative action and the legal remedy of the withdrawn of the administrative action,thus make related legal system of our country more perfect. This will help to achieve the legality and the justice of administrative action made by administrative body, to improve administrative efficiency, to balance the interest of public and must administrative relative people and interested parties. Then it will make the autonomy consciousness and progress consciousness of administrative body more strengthen. This paper argues that the withdrawn of administrative action include illegal administrative action and undeserved administrative action. The type of the withdrawn of the administrative action include benefit-granting administrative action and benefit-violating administrative action, benefit-granting administrative action is an action that create and confirm the right and legal interests for the administrative relative person or exempt their obligations. The benefit-violating administrative action is an action that brings unfavorable legal consequences to the administrative relative person, including imposing certain obligations, changing, destroying its rights or legal interests, or rejecting its licensing application of administrative behavior. The benefit-granting administrative action and the benefit-violating administrative action have their own provision of the withdrawn of administrative action.