On The Cancellation Of Administrative Act

The cancellation of administrative act is an important contents of the study of administrative law.However, our administrative jurisprudence study the research relative deficiently. Starting form the concepts of cancellation , this article focuses on analyzing a series of related concepts, and constructs a new set of theories.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 criterion fitting for authoritative cancellation and litigious cancellation can be set up surely. Legislation, judicatory and administration shoulder the responsibility of all in safeguarding the stability of the law. The administrative organ is regarded as execution organ , in contact with citizen at best, and exert a largest influence on citizen's rights and obligations. If the concrete administrative behavior is frequently cancelled, the stability of the legal order will be destroyed seriously as well as damage the government sincerity degree too at the same time, so must restrict The cancellation of administrative act in reason. In addition, I divide the design principle of the system of administrative act cancellation into four items: Preferential principle of the right; Proportion principle; Transparent principle of the behavior and the most effective principle. The criterion of what administrative act can ancel must be feasible in the practice of legislation; Make a procedure rule in restraining the authoritative cancellation; Explain the qualification of proposer who institute authoritative cancellation as fargoing as possible. Do it in this way is good to protect the rights and interests of citizen, artificial person and other organizations.