On The Withdrawal Of Administrative Acts

The recall of administrative action is a system that can cause the administrative action to lose efficacy. However, there is short of a uniform formulation about its concept, subject, object and effect in the administrative law in all countries. For this reason, it is hard to set apart it from other similar systems which can also make the administrative action lose efficacy such as the cancellation, the abolition and so on. The author divides three parts to comb questions about its concept, its subject, its object and its effect in order to define and definite this system.The first part of this article is about the concept of the recall of administrative action. It replies what the recall of administrative is. For the first, this part introduces all theories and formulations in home and overseas. In this foundation, the author proposes her own opinion. She considers that the recall of administrative action refers to a behavior which is carried out by the administrative subject when he discovers the administrative action he had done before illegal or improper, or because the circumstance changes so much that the administrative action is not suitable to continue, in this case, he recalls it and makes it lose efficacy. After that, the author discriminates it with other similar systems in order to understand it accurately.The second part of this article is about the subject and the object of the recall of administrative action. First, the author expounds that the subject of the recall of administrative action is the administrative subject who carried out the action before. Next, she analyzes the object of the recall of administrative action. We can grasp the essence of it thoroughly after defining the subject and object of the administrative action.As an authority, there is a possibility for the recall of administrative action to be abused. For this reason, it is necessary for us to control it The third part of this article is about the restriction to the recall of administrative action. The author analyzes the legal result of the recall of administrative action first, and then expounds the restriction to it from two sides.Finally, the concluding remark is about the sense of this article. The author holds that this article is only an introduction for the recall of administrative action. It is impossible for the author to analyze the good and bad of a system, to conclude whether a system is for China,...