Research On Judicial Review Of Cases Of Revocation Of Administrative License

The revocation of administrative license is an important part of the administrative license system,and it is also widely used in judicial practice.Article 69 of the Administrative Licensing Law of our country has made preliminary provisions on the exercise of revocation right in substance,and in the legislative value orientation,it also follows the principle of protecting the trust interests of the licensee’s counterpart.However,Article 69 regards revocation as the principle of illegal administrative license,which gives administrative organs great revocation and discretion,and lacks reasonable restrictions on the exercise of power.At the same time,the legislation also fails to clarify the procedural obligations that administrative organs should abide by in exercising the right of revocation.At present,the construction of the revocation system of administrative license is not perfect,and there are some legislative omissions,which leads to the lack of both substantive and procedural judicial review standards for the decision of revocation of administrative license,and the discretion of individual judges is relatively large.In my opinion,the fairness of judicial trial should not rely solely on the completeness of legislation.The lagging nature of law itself,together with the complex and changeable social relations,especially the administrative legal relations,often leads to the difficulty of legislation to fully meet the needs of trial.At this time,it is necessary for judges to make fair and reasonable judgments on the basis of abundant theoretical knowledge in cases.From the perspective of Chen Yongsong v.Luxi County Land and Resources Bureau’s decision on revocation of administrative license,this paper makes a deep reflection on Article69 of China’s Administrative License Law on the basis of interpreting the focus of disputes and the main points of judgment.It is pointed out that the lack of legislation leads to the lack of strict restrictions on the exercise of the right of revocation.As for the legitimacy review of the revocation right of permission,we should pay attention to the role of judicial review besides the construction within the administrative power.Then it discusses the substantive and procedural criteria of judicial review of the revocation right of administrative license,aiming at clarifying the substantive restrictions on the exercise of the revocation right,especially the balance of interests in the process of revocation decision,and the procedural obligations that the administrative subject should follow in the process of making the revocation decision.The purpose is to strictly limit the right of revocation in judicial practice and prevent the abuse ofthe right of revocation.This paper is mainly divided into four parts: brief introduction of the case and analysis of related issues,double deficiencies of judicial review standard for revocation of administrative license in China,measurement of substantive review standard for revocation of administrative license,and construction of review standard for revocation procedure of administrative license.The first part focuses on the analysis of the selected cases,the focus of disputes and the main points of judgment,reflecting the drawbacks of the system of revocation of administrative licensing in legislation,thus leading to the second part of this article-an analysis of the existing legislation,and on this basis,pointing out that there are double deficiencies in the judicial review standard of the right of revocation of administrative licensing in China;the third part aims to clear withdrawal.Value orientation and substantive limitation of the right to cancel in judicial review-specifically divided into the limitation of administrative act flaw theory and the principle of trust protection on the right to cancel;the fourth part aims to clarify the criteria for the procedural review of revocation of administrative license,and points out how to determine the normalization criteria in judicial review when procedural rules are absent,and what administrative organs are doing.The specific procedural obligations that should be complied with in the process of withdrawal decision are aimed at establishing a set of relatively unified and operable procedural review standards in administrative license withdrawal cases.