Abolishment Of Administrative Action And Its Remedy

The substantive survival capacity of administrative behavior consists of two aspects:the binding force of administrative behavior and the repeal of restrictions.Illegal administrative behavior may restrict revocation,and legal administrative behavior may limit revocation.The abolition of administrative actions is intended to reduce the effectiveness of administrative actions.It is an important component of the theory of the effectiveness of administrative acts.The civil law system has systematically studied the abolition system of administrative actions.The administrative abolition system in China is still in the blank and initial stage.Having experienced the arbitrary abolition of administrative actions in the era of the police state,the welfare state nowadays places more emphasis on the protection of the trustworthy interests of relatives and the stricter abolition of administrative actions.The abolition of administrative acts is related to the protection of the trust interests of the administrative counterparts and the protection of public interests.It is a manifestation of the principle of change of situation in public law.The basic conceptual system for the abolition of administrative acts is the cornerstone of the administrative abolition system.The relief system for abolishing administrative acts is the backup and operational guarantee for the administrative abolition system.In this paper,the system of the abolition of administrative actions and the remedies will be the subject of discussion and will be discussed.The first part:Explain the basic theory of the abolition of administrative behavior.Define the concept of administrative repeal,clarify different views of the academic community,and arrive at a unified conclusion;discriminate the difference between the abolition of administrative acts and the withdrawal,termination,and withdrawal of administrative acts,summarize the characteristics of the abolition of administrative acts,and make detailed distinctions;abolish administrative actions The relatives and third parties' rights and benefits are briefly introduced.The second part:Analyze the legislation and judicial status of administrative abolition in our country and summarizes the lack.This part systematically reviews China's national and local(administrative)legislation,sums up the issue of the repeal of legislation in the absence of uniform administrative action in China,the confusion of existing legislative concepts,and selects typical judicial cases to point out problems in the practice of administrative repeal systems,and The necessity of embodying the rights and interests of administrative stakeholders.The third part:Improve the applicable rules of the administrative abolition in our country.To draw lessons from the advanced experience of other countries and regions in the Mainland and compare existing regulations in China with the theoretical basis for the abolition of administrative actions,applicable principles,requirements,operating procedures,deadlines,and effectiveness,etc.The basic institutional framework.The fourth part:Perfect the ways to remedy the rights and interests of administrative stakeholders in our country.From the two aspects of administrative relief and judicial relief,emphasis is placed on severely imperfect judicial remedies.Construct administrative abolition of non-action class-to-obligation litigation relief,introduce the referee baseline theory,create a dismissal litigation when the judgment is the referee's baseline,and abolish remedies for subsequent illegal administrative actions to more effectively protect the rights of administrative stakeholders.