The Limit Of Illegal Administrative Action Revocation-

By the principle of administrate by law, administrative department can revoke illegal administrative actions based on the request of interested person or on its own function and powers, but the revocations shall be limited. Beyond procedures for administrative remedies, the restriction of revocation is more strict. Compared with applying for revocation, initiative revocations are more restrictions. In addition, different administrative actions are restricted differently. Benefit-granting administrative actions are more strictly restricted than burdening administrative action. And revocation of administrative actions that effect on the interested person need to be concretely analysis. Generally speaking, The theoretical basis of revocation restriction include: the value of stability of law, especially surviving force of administrative action validity; the relationship between legal essential justice and formal justice; a balance of public interest and private interest; the requirement of administrative procedure. All of these provide basis for revocation restriction.More specifically speaking, the revocation restrictions can be specified in many aspects. First, the revocation restriction involves expected benefit principle. When expected benefit is obviously more important than public interest, the protection of expected benefit shall expel the revocation restriction. Second, the revocation restriction should be related with the seriousness of the illegal administrative actions. The revocation restriction is inversely proportional to the illegal administrative actions. The less serious the illegal administrative actions are, the more serious the revocation restrictions should be. Third, the revocation restriction is related with the time limit that illegal administrative actions exist. When illegal administrative actions exist for a long period of time, administrative department cannot revoke these illegal administrative actions for consideration of the value of stability of law. Fourth, administrative procedures such as notification and explanation have restrictions on the revocation restrictions. In addition, according to different administrative actions, there are different restrictions.At last, there will give some perfection ideas on article69of "Administrative Permission Law of the People’s Republic of China". The defects of article69includes: the ignorance of the value of stability of law, the risk of administrative power abuse, the lack of administrative procedure and time limit. So there are some sound recommendations for these defects. First, it is shall be established as a principle that the revocation restrictions should be restricted, and the revocation restrictions should be applied only in special circumstances. Second, the word "compensation" shall be replaced by "restitution". Third, some articles about procedures restrictions shall be added. There should be notifications and reasons delivered, and the related parties should be informed about the rights of appealing and hearing before the revocations decisions are made. Fourth, a time limit should be added for revocation restrictions: only within two years after the administrative organs know the illegal administrative actions can they revoke the illegal administrative actions; and5years after the illegal administrative actions happened, administrative organs have no power to revoke them.