On The Revocation Of Administrative Act

This paper is going to analyse and discuss the withdrawal of administrative act through six parts. Part one is mainly about the fundamental theory on the withdrawal of administrative act, and start with the concept of withdrawal of administrative act, to compare and analyse the following concepts: inefficiency of administrative act, abolish of administrative act, countermand of administrative act, redress of administrative act and administrative act that can be withdrew, then based on the analysis and compare of those concepts to discuss the academic base of withdrawal of administrative act. Part two is mainly about the relative theory of withdrawal of administrative act from foreign countries which mainly introduces the theory and system of Romano-Germanic family and analyses the apocalypse of this kind of theory and system of administrative act to the construction of system of withdrawal of administrative in our country. In part three, the organ of state power, the superior subject of administration, the behavior agent and the adjudication organ are separately analysed and researched. Besides, the author proposes his opinion and claim on some argumentative issues in the academics and activities. Part four is mainly about the qualifications of the withdrawal of administrative act. The withdrawal of administrative act can be divided into the withdrawal of authority and the withdrawal of contest a lawsuit, however, because the two kind of withdrawal are principally same, we can create the qualifications can be used for both the withdrawal of authority and the withdrawal of contest a lawsuit. The qualifications contain illegal content, lack of primary evidence, illegal applicable gist, illegal procedure and transgressing(or overuse) authority. Part five is composed of two topics: the first one is the efficiency of withdrawal of administrative act, which means that which kind of legal consequences by the withdrawal of administrative act; the second one is the legal restrictions of withdrawal of administrative act. In this part, the author starts with the academic basis of withdrawal of administrative act and the reasons of legal restrictions of withdrawal of administrative act, to discuss the elementary regulations of legal restrictions of withdrawal of administrative act chiefly. These regulations composed of boundary limitation, behavior type limitation and time limitation. In part six, the author proposes some advices for the construction of system of withdrawal of administrative act in our country: first, to confirm the subject of withdrawal of administrative act; second, to uniform the qualifications of withdrawal of administrative act; third, to confirm the efficiency and exception duration of withdrawal of administrative act; fourth, to confirm the principles of Trust Protection Principle, public welfare protection principle and law stability principle.