The Application Of Prohibit The Principle Of Adverse Change In The Administrative Law

Principle against adverse change is an important principle of the protection of civil rights, reflecting the care of the legal rights of citizens. European and American countries, including our close to South Korea, Japan, made the principle of a more systematic and detailed provisions. Provisions prohibiting adverse changes to the principles of the comparison principle in our legislation. China’s1989Administrative Procedure Law, for the first time the principle of prohibition of adverse change statements. In1999, China adopted the Administrative Review Law, and there is no principle of prohibition of adverse change provisions in the Administrative Review Law reconsideration organ in which the relative administrative reconsideration of specific administrative act, the ability to increase the administrative counterpart types of penalties, or increase the punishment for the applicant, has been no definite answer. Reconsideration Regulations come into operation on August1,2007, Article51of the prohibited adverse change principle, which is a major innovation of the administrative reconsideration system, makes the ban adversely change the principle has been established. However, due to the "Regulations for the Implementation of the provisions of the principle of more general, for that principle in practice, the scope and specific rules, Regulations for the Implementation of Section51does not give a clear answer. The same time, the relative administrative reconsideration of specific administrative act by the executive authorities, there are many problems to be solved.This is the theoretical analysis of the principle of prohibition of adverse change, departure from the general theory of the prohibition of adverse changes to the principles of the concept of the prohibition of adverse changes to the principles of departure, combined with the analysis of its theoretical basis, leads to the value of this principle. Prohibit adverse change principles to save reflects the values of a variety of administrative law in these values, we can find behind these values, contains the most basic values of administrative law, which is the rights of citizens fully protected. Abroad, the provisions prohibiting the principle of adverse change has a more mature, prohibited by the relevant administrative law on foreign adverse changes to the principles and summarized to identify the advantages of its legislation, which makes its foreign doctrine and regulations for China learn in order to promote the further development of the principle of prohibition of adverse change in China. Article, combined with China’s legislative practical and realistic conditions, a summary of the applicable rules that prohibit adverse change principles, in order to play a clear statement and understanding to facilitate the effect of this article the introduction of some simple cases. Finally, the principle of prohibition of adverse change in our country regardless of the theory and practical, are faced with many problems to be solved. The solution to these problems, not be achieved overnight. This article is based on the legislative intent of the administrative law, a trial solution and the corresponding measures look forward to enrich and improve on the principle of the prohibition of adverse change in the administrative reconsideration.