On The Legal Application To Administrative Behavior Being-not-revocable

To building the socialist nation ruling by law, we should restrict the public power— especially the public power ruins the legitimate rights of civics—according to law. The restriction to the revocation power to concrete administrative behavior is just the main way to control and to limit public power. This article is just a paper which attempting to get to the answer to restricting public power and protecting legitimate rights of citizens by solving the problem of legal application to administrative behavior being-not-revocable.The research approach of the paper is comparative research combining case investigation and theory study. Based on the theoretic analysis of the written judgment by the first trial of "The First Case on the Discrimination to HBV carrier", the author uses the relevant theoretic outcomes and regulations in Germany, France, Japan and Taiwan for reference, to find the solution to restrict the revocation power to concrete administrative behavior by the corresponding office in China, to query the reasonableness of the article 58~th of Judicial Explanation of Administrative Litigation Law, and finally to reach the goal of protecting the legitimate rights of civilians against the trespass by public power. This article can be categorized into four main parts. The first part is the synopsis of "The First Case on the Discrimination to HBVcarrier", meanwhile, the problem of legal application to administrative behavior being-not-revocable is raised in this part; The second part is going to present the jurisprudence of the revocation power to concrete administrative behavior; the third part will discuss four conditions of legal application to administrative behavior being-not-revocable; and the last part will be the comparison and the summary of the four conditions."Our times is a review age, upholding speculation should be the characteristic of this age."(Remarked by Chen Xing-liang) As a freshman of researching administrative law, the author is just attempting to work with the style of speculation, to probe into the theoretic and practical solution to the legal applications to administrative behavior being-not-revocable based on rule-by-law spirit, hoping for getting some advices from experts.