Study On Administrative Withdrawal In Public Affairs

This thesis firstly probes into the basic theory of administrative withdrawal in public affairs. Secondly it sheds light on three major parts of this system: withdrawal conditions, procedure and legal consequence. And by analogy and analysis, it correspondingly brings forward the legislation frame. Finally, this dissertation makes an analysis of the restricting factors which hold back the implementation of this system in our country, and then comes up with the countermeasures of implementation. The whole passage can be divided into five chapters:The first chapter: theory study on administrative withdrawal in public affairs. This chapter gives a brief introduction on the theory origin of administrative withdrawal in public affairs—natural justice. And then this part mainly discusses the definition, the history development and the function of this system.The second chapter: conditions study on administrative withdrawal in public affairs. Concerning the defects in our legislation of administrative withdrawal in public affairs, this chapter puts forward a rough legislation frame by studying the overseas legislation of this system.The third chapter: procedure study on administrative withdrawal in public affairs. This chapter makes an attempt to design a comparatively scientific and easy—operating procedure.The fourth chapter: legal consequence study on administrative withdrawal in public affairs. Ambiguity is the main defect in our current lawmaking about legal consequence of administrative withdrawal in public affairs. To solve this problem, we should make a rigid stipulation on the legal liability of the administrative staff who doesn't withdraw in public affairs when it necessary. And the validity of the administrative act without withdrawal should be definitely prescribed as well.The fifth chapter: implementation study on administrative withdrawal in public affairs. In allusion to the restricting factors, this chapter brings forward the countermeasures of implementation.