A Study On Procedure Of Administrative Organ Changing Administrative Act

Based on the influence of the concept of "mistakes must be corrected",the activities of administrative organs to change administrative behavior take place in a large number of administrative practices.The existing research attempts to construct the entity rules to regulate the above activities,while the research on the administrative organ changing the administrative behavior procedure is relatively insufficient.The starting point for an administrative organ to change the time limit for an administrative act shall be recalculated.Generally speaking,from the date when the administrative organ knows the reason for change,the time limit for changing the administrative act should be 2 years,but at the end of5 years from the date when the original administrative act was made,the administrative organ loses the power to change the administrative act.When the administrative organ changes its administrative act,it should enter the procedure and before the end of the procedure.It can be changed at any time under special circumstances.The following steps should be followed to change administrative behavior: the first is to inform reasoning and listen to opinions.Before changing the administrative act,the administrative organ shall inform the counterpart of reasoning.When changing the administrative act is beneficial to the counterpart or correcting the clerical errors,reasoning may not be informed.When changing an administrative act is harmful to the other party,the opinions of the other party shall be listened to at the same time.When the original administrative act has listened to the opinions of the other party,the fact of the administrative act does not change,and the handling result does not change or is lighter and other conditions are met at the same time,the opinions may not be listened to.The second is to investigate again.When an administrative act is changed by means of revocation or alteration,the cause of the change shall be investigated again.When an administrative act is changed by other means,if the basic facts of the original administrative act have not changed,it is not necessary to investigate again.Otherwise,it is necessary to investigate again.Change the form of administrative act,including written decision,oral and electronic form.In special circumstances,written decision can be replaced by inspection record.