Research On The Withdrawal System Of Administrative License

The withdrawal of administrative licenses has made outstanding contributions to the realization of the public interest,but with the widespread application of this administrative act,the number of cases concerning the withdrawal of administrative licenses is also increasing.The study found that the provisions of Article 8 of the Administrative Licensing Law are summary provisions on the withdrawal of administrative licenses,which outline the applicable conditions for withdrawal,but no specific requirements are made for specific operations;and the procedures for withdrawal are still in a blank state of legislation.There is no specific statutory procedure to compulsorily regulate the withdrawal of administrative agencies;the compensation for losses only stays in the slogan of Article 8,and there is a dispute in judicial practice whether to include indirect losses in the scope of compensation,which is due to Administrative license withdrawal does not have a perfect compensation mechanism to fully explain the connotation of these controversial concepts.It is becoming more and more important to construct a complete administrative license withdrawal system,which requires grasping the core issues of administrative license withdrawal and grasping from the applicable conditions,due process,and compensation for losses.First of all,the applicable conditions of administrative licensing solve the problem of applicable qualifications,that is,the conditions under which administrative licensing can be withdrawn after satisfying the conditions.The study of the applicable conditions cannot simply list what the various conditions are,and the essence should be analyzed.What are the sexual elements,and classify them as legal or non-legal factual conditions,there are legal and effective administrative licenses,to meet the needs of the public interest,to correctly understand whether they are coexisting or selective,and to How to judge whether it meets the applicable conditions has put forward normative suggestions,which requires legislative definition of the vague concept of public interest,and requires administrative agencies to make a rational judgment by measuring the degree of impact on public interest.Secondly,there should be specific requirements for the use of due process in the withdrawal of administrative licenses.Corresponding system construction can be made in accordance with the process legitimacy and substantive legitimacy of the due process.The legitimacy of the process requires it to have a reasonable hearing procedure,a unified withdrawal method and restrictions With regard to the time limit for the withdrawal decision,the entity's legitimacy requires the administrative organ to use the principle of necessity to explain the rationality of the means of withdrawal,to explain the reason to the counterparty,and to raise such a reasoning requirement to a complete system specification,so as to restrict the administrative organ.It is mandatory to compress its discretionary space.Finally,the aftermath of the withdrawal of the administrative license must also be resolved,that is,to compensate the relative's property losses reasonably and effectively.Questions about whether indirect losses are included in the scope of compensation in practice need to understand the relationship between actual losses and direct and indirect losses,and explore the legislative intent of direct losses in the National Compensation Law,combined with China's basic national conditions,for reference The complete compensation model in foreign countries explores a new path to the compensation standards for the withdrawal of administrative licenses.A sound evaluation mechanism is also the cornerstone to ensure that the compensation results are fair and reasonable.This requires an independent and neutral evaluation agency to use scientific calculation methods to provide an objective and fair data basis for the evaluation of assets.The occurrence of fairness.