Research On Legal Issues After Revocation Of Deceived Administrative Permission

The procedure of administrative license has been further simplified against thebackground of reform of service-oriented and high efficient government. At the sametime, it offers more opportunities to licensee deceiving the administrative organ togain the permission. According to the Administrative Licensing Law, article 69,paragraph 2,The administrative permission obtained by a person by such illegitimatemeans as deception and bribery shall be revoked; and paragraph 3, Where revocationof administrative permission in accordance with the provisions of the preceding twoparagraphs may cause great damages to public interests, such permission shall not berevoked. It seems to be clear that the permission obtained by deception should berevoked as principle, and unrevoked as exception. Meanwhile, it leaves us a series ofproblems, the responsibility after revocation, the validity of the civil contract base on(or related to)the permission, the vested interests, and other relevant legal issues.This thesis attempts to give a comprehensive analysis to the legal consequenceafter the revocation of the permission, on the base of existed juristic achievementsboth home and abroad, and integrated with the theory of civil law. It includes, afterthe revocation of the permission, the administrative department that makes thedecision and its staff members shall undertake some criminal and administrativeliability for their obligations of examination on truth, the licensee shall also undertake some relative criminal, administrative, civil responsibility for their deceptive methodin the course of application.According to the doctrine of privity on contracts, the civil contracts must not bevalid or invalid after the relative license is revoked. The contract embodies theparties'will. The validity of the contract could be deemed as valid, modifiable,revocable, and invalid, judged by the provisions in civil law and contract law. It's nota good idea that determine the contract as invalid directly, unless the performance ofcontracts will do harm to the national interests, social and public interests, or breachof mandatory provisions of law and administrative regulations.According to the doctrine of retroactivity in the revocation of administrativelicense, the permission is voidance ab initio. The benefits, which the licensees obtainduring the period after the application is permitted, will lose its legal basis. Under theprovisions of current law and regulations, the illegal income should be forfeited; thelicensee should be punished by a fine; the property status should be restored, and soon. But there are some issues, such as, the illegal income is hard to define andcalculate, the source and the consequence have not been distinguished, the approachin different laws and regulations are not unified. This thesis attempt to make differenttreatments in accordance with the different character of the licensee's benefitsobtained.For some civil contracts should be accepted as valid, and some income shouldbelong to the licensee, even considering the deceptive application, the permission mayshould be regarded as partial effective. Administrative Licensing Law takes the taskto maximize the overall interests of society, but it does not provided the correction ofadministrative licensing explicitly, so it's considerable to give an evaluation of theimpact on stable order under public law before the revocation. If maintenance of thepermission will bring more social and public interests than revoke it, the licenseeshould be allowed to correct the application (if he or she can, and the furtherpunishment may still carry on). During the evaluation, some items are important, suchas, the type of license, the impact to the society by the licensee, and the costs ofrevocation.