Restrictions On The Revocation Of Specific Administrative Acts

In Administrative Law, revocation of specific administrative acts is fairly common. One specific administrative act made by The Executive shall abide by legal regulations and fulfill law loyally so as to make sure that each specific administrative act is equipped with legal elements and can achieve administrative purposes. However, the revocation of some targeted specific administrative act will undoubtedly cause an effect on the interests of administrative counterparts. If the revocation is made at random, how to protect the interests of counterparts?The inner values of law is to construct a steady and sustained social order. Specific administrative acts under the guidance of rule by law shall be legal and stable. Therefore, restrictions on the revocation of specific administrative acts are naturally proposed. The freedom of revocation of traditional administrative law has gradually developed into the restriction on the revocation right. For the sake of assuring the stability of law, balancing various legal values and safeguarding interests of administrative counterparts, how to restrict the implementation of administrative revocation is particularly important. This thesis, on the basis of researching relevant materials, is composed of four parts. These four parts have made elaborations on how to impose restrictions on the administrative revocation rights, and put forward relevant advice on our construction in this respect.The first part introduces theories and process of legislation of freedom of revocation and restriction on the revocation, and the restriction reasons. The reasons are explained from the point of four requirements, such as the stability of law, invariability of legal order, continuation of specific administrative acts and protection of trust.The second part is to make restrictions of the revocation rights from the entity. The approaches are to make restrictions of specific administrative acts in multi-stage, different kinds of specific administrative acts and specific administrative acts involving much administrative counterparts, as well as to list exceptions.The third part is to make restrictions on the revocation rights from the point of the procedure. The routes consist of restrictions on revocation subjects, restrictions on revocation time, restrictions on "Order the original authority to conduct the specific administrative acts again", restrictions on "Rights of supervision and advice following the demise of reconsideration procedure".The fourth part introduces suggestions to establish and improve restrictions on the revocation of specific administrative acts. The suggestions are about revocation procedure, revocation content and compensation procedure.