A Study On Rescission In Administrative License

The cancellation is an important aspect of the administrative permission system,which has maintained the purity of the function of administrative license. But along with the development of administrative law and the strengthening of the construction of law society,the society requires not only the administrative licensing action must follow the principle of administration according to the law,but also the administrative relative person urgently need to reduce the costs,the pursuit of administrative license efficiency and the protection of reliance interest.The cancellation of administrative license is able to deprive the rights of the relative person,so it is necessary to study how to restrict and regulate the administrative license revocation.Due to the cancellation of administrative so many complex reasons and our lack of administrative licensing law,so there are a lot of problems are worth to consider.The purpose of this paper is through the analysis on the cancellation of administrative license to point the current situation of our current situation and deficiency in practice, eventually there will be the suggestions for our administrative license.This paper based on the general theory of administrative license revocation and analyze the conceptions,through the basic meaning explanation to restore the original meaning of administrative license revocation. The paper will discussed the defects of administrative license revocation and give the suggestions and countermeasures in the third part of the article.The practice of our country to the illegal administrative license only by the way of administrative license revocation, it will make many illegal administrative license invalid which greatly increased the administrative licensing costs, but many advanced countries have adopted legislation of administrative license flaw’s cure method, therefore this paper especially for our administrative license revocation for suggestion proposed the introduction of foreign administrative license to deal with the illegal administrative license. Lack the specific legal provisions and procedures for the design of effective protection, so this paper also put problems from the view of reliance interests and public interest protection, and take suggestions which aimed at the shortcomings of administrative license revocation procedure.