Research On Applicaion Of Law Of Multi-Leveled Administrative Procedure

This article explores what kind of facts should the administrative agencies determine whether to apply laws retrospectively on multi-leveled administrative procedure.Although our administrative law theory has not yet involved the concept of "multistage administrative procedure", and the Statute law also don’t have this kind of expression. But the Judicial decisions have pay attention on this kind of administrative phenomenon. The "multi-leveled administrative procedure" presents the phenomenon of the multi-leveled procedure and plural administrative act, It mainly appeared in large construction project planning administrative permission fields. As for the Legal relationship and impact of the administrative act, we can’t get the inference of legal effects by explaining the concept of multi-leveled administrative procedure, and we should focus on the legal norm.The dichotomy between the "real retrospective application" and the "non-real retrospective application" remain making sense on resolving the problem discussing on this article. It exist the continuous of legal effects on multi-leveled administrative procedure, so the theory of "non-real retrospective application" can apply on the phenomenon of the multi-leveled procedure. As for how to explain the problem of retrospective application on multi-leveled administrative procedure by applying this theory, this article consider as follow:in consideration of the complexity Of the relationship of administrative act on multi-leveled administrative procedure, we should pay attention on facts and acts on every level,we should focus on the Influence degree of facts of each level,and especially we should pay attention on analyzing how those articles settle those administrative acts, and the function of each administrative act in the whole administrative process. Considering those facts, we will finally get the answer that if it exist the continuous of legal effects.In addition, because the retrospective application of law is closely related to the principle of protection of reliance interest, whether the "real retrospective application" or "non-real retrospective application", it still involves the problem of legitimacy of "retrospective application", the difference between those two concepts is degree of legitimacy. The concept of "real retrospective application" refers to situation that the new law is applied to the facts that have already finished, it will form great impact to maintenances stability of law. Conversely, the concept of "non-real retrospective application" refers to situation that the new law is applied to the facts that have started but not yet completed, it will form a smaller impact to maintenances stability of law than applying the "real retrospective application". No matter which kind of choice, it will still involve the problem of protection of reliance interest. therefore, administrative agencies should consider these factors when they judge whether to apply the new law to the finished facts as follow:(1)whether the new law will make the adverse effect on individual;(2) the foundation of reliance;(3)the acts of reliance and whether to protect the reliance interest of;(4)the right that the client has already get and the influence degree of retrospective application of law;(5) public interest that retrospective application of law can make.The author adopts the observation model of the fact stage of development on the problem that this article wants to solve. This kind of observation model is a perspective of "administrative process", which focus on propulsion of the whole administrative tasks. In face of the situation that the administrative tasks become complicated and diversity, this kind of perspective is becoming more important.