The Legal Regulation Of The Revocation Of Administrative Authority

The degree of protection of National trust benefits varied with kinds,nature and object ofthe administrative act. However,most of the academics discuss the administrative authoritycancel behavior,simply started with dichotomy of profit act and Burden behavior.Even ifsome scholars realized the complexity of revocation of double-effect administrative behavior,and they also analysised the legal restrain of benefit-granting administrative behavior, burdenadministrative behavior and double-effect administrative behavior at different levels, but thesediscussions are too rough.Therefore, on the basis of previous studies,this paper tries todiscuss the factors that should be considered in the revocation of double-effect administrativebehavior from the objective consideration, interest measure, process control, time constraintand the limit of behavior object, and tries to construct the criterion system of revocation ofdouble-effect administrative behavior in our country. At the same time, this paper takes thecase analysis to analysis factors that should be considered in the revocation of double-effectadministrative behavior, which provides some fresh materials for the pratice of administrativelaw jurisprudence. In particular, the main contents of this paper are as follows:The first part. This paper briefly describes the basic theory of the revocation ofadministrative powers. Compared with the conceptions of the revocation, abolishment,invalidation of administrative behavior, this paper clarifies the conception of revocation ofadministrative powers. And then,this paper analyses the basic connotation of the revocationof administrative powers in detail frome the legal nature, constitutive requirements and legalconsequence of the revocation of administrative powers.The second part. This paper detailly interprets the transation of the regulation theory ofthe revocation of administrative powers from the theory of substantive rule of law and mobileflaw theory. And it also describes the legal basis of the revocation of administrative powersfrom the aspects of the theory of the stability of law and the principle of administration trustprotectionIn the third part, after distinguishing benefiting administration, loading administrationand double-effect-administration, the author specifically discusses the factors that should betaken into account when the authoritative administrative act is revoked, such as the purpose, the relevant interests, the procedure, the time limit, the target group of the act and so on. Theauthor holds that before revoking the loading administrative act some aspects should beregarded, especially what damages the relevant people shall suffer and how to balance thepublic interests and the private ones. When the benefiting administrative act is revoked, thefollowing rules should be abided by: firstly, the good purpose can be reached and the legalprocedure is obeyed; secondly, the private interests should be lesser than the public ones;thirdly, the revocation should be happened in the legal time limit; fourthly, when the illegaladministrative act can be mended or transferred, or when the benefits have been consumed,generally speaking, the benefiting administrative act should not be revoked; fifthly, for theadministrative act that has a lasting effect, its effect that has been happened should not beinfluenced when it is revoked. When the double-effect-administrative act is revoked, thefactors below should be regarded: firstly, whether this revocation is reasonable and whether itcan reach the expected purpose; secondly, whether this revocation will affect the third party orthe public, and when it has no connection with the public interest the party that has donenothing wrong should be preferred, and when it relates to the public interest all the involvinginterests should be weighed up; thirdly, all involving parties should be interacted effectivelyin the legal procedure; fourthly, this revocation should be happened in the legal time limit;fifthly, when the illegal administrative act is bound by the decision from the court, or whenthe disadvantages of this act has been accepted by the relevant parties, or when the advantageshave been consumed by the benefited party, this illegal act shouldn’t be revoked; sixthly, forthe administrative act that has a lasting effect, its effect that has been happened should not beinfluenced when it is revoked.