Administrative Revocation Right Research

Revocation of administrative actions is a common way of denying the effectiveness of administrative actions,in China,there are four types of subjects that have administrative revocation rights,the most common is the court's withdrawal of administrative actions by the administrative authorities and the cancellation of inappropriate administrative actions by lower authorities through administrative reconsideration procedures,administrative reconsideration and administrative litigation is a traditional legal remedy,which have detailed provisions in the "Administrative Reconsideration Law" and the "Administrative Procedure Law".The third type of administrative action is repealed by the higher authorities revoking the wrong administrative actions of the lower administrative agencies in addition to the administrative reconsideration procedures,in our country,due to the affiliation between the executive authorities,therefore,it is theoretically considered that higher authorities may also revoke the administrative actions of lower-level organizations in addition to the reconsideration process based on leadership and oversight powers,Article 89 and Article 108 of the Constitution also have clear provisions.The fourth type of entity is an administrative agency that has made an administrative action act and revoked when it finds that its own administrative action is illegal(it is referred to as "the original organ" in the following text).The power of administrative revocation of the former organ is what this paper will study,regarding the issue of whether the original organ has the power to revoke its own administrative actions,in our country,whether it is an expert scholar or a person in a substantive department,the view of the general opinion is that this is of course the power enjoyed by the executive authorities,therefore,the study on administrative revocation rights is not thorough,and this topic has not attracted enough attention from scholars.Some scholars believe that this is the duty or obligation of the administrative organ,and some scholars propose that the right of administrative revocation is the authority of the original organ.To sum up,the general view is that the original organ can revoke its own administrative actions.The reason why there is such a universal and unified view is closely related to the historical background of our country,after experiencing the historical catastrophe of the "Cultural Revolution" for 10 years,the "rule of law" was formally written into the constitution in 1999 because the rule of law at that time was seriously damaged,the theoretical community began to work hard to build the rule of law,in this context,the formal rule of law can play a role."First,the most urgent task in China's current legal construction is to establish a set of formal and procedural institutional arrangements emphasized by formal rulers of law,and to create and institutional conditions for the consideration and treatment of various social issues in the rule of law,the realization of the pursuit of those entity value goals provides institutional guarantees.”Therefore,when the original agency finds that its own action are illegal,it can correct errors on its own,which is in accordance with the requirements of legal administration.However,with the widespread dissemination of principles such as the protection of trust benefits and the stability of law,the concept of substantial rule of law has become increasingly in-depth,and the exercise of administrative revocation has been increasingly questioned.Allowing the original organs to have the power to revoke their own administrative actions has certain advantages,this will not only preserve the purity of the law but also save judicial resources and improve administrative efficiency.However,without strict restrictions,it will also bring about many disadvantages,it will not only harm social stability,damage the authority of the government,but also damage the trust interests of related people.However,without strict restrictions,it will not only harm social stability,damage government authority,but also damage the trust interests of related people.Although the power of administrative revocation arouses the attention of some scholars,there are few scholars who specifically study this issue,and the concept,nature,and composition of administrative revocation rights do not have a unified view point.Nowadays,more and more disputes arise because administrative agencies withdraw their own administrative actions,therefore,under the premise of clarifying basic theories,the exercise of the power of administrative revocation must be strictly limited in terms of standards,procedures,and deadlines.