The Cancellation Of Administrative License

Revocation of administrative licenses is a common type of administrative behavior and a key research area in academia.This article defines the connotation of revoking an administrative license as follows: for an administrative license that already exists in an illegal state at the time of its establishment,it has the right to the administrative organ to retroactively abolish the validity of the license in order to restore the order of administrative law.The revocation of the administrative license is a complete denial of the effectiveness of illegal licenses,which involves the measurement of public interest and trust interests and the deprivation of the rights of relatives.Therefore,the exercise of the right of revocation requires a precise system to guide and restrict.With the development of a modern society ruled by law,Article 69 of the Administrative Licensing Law has been difficult to adapt to the complex administrative practice environment;the single function of maintaining the purity of the law carried by the Article of Law can no longer satisfy the protection of the legitimate rights and interests of administrative counterparts and maintain legal stability needs.The law lacks a clear definition of important concepts,a generalization of the scope of revocation,and a basis of discretion,which leads to accumulation of problems in law enforcement,trust protection principles in the form,and strict rules.This article takes the issues summarized in the revocation judgment as an entry point,through combing the concept of revocation,researching theories,reasonably absorbing foreign legislative practice,and trying to build a clear subject and clear scope based on the principles of trust protection,administration according to law and the principle of benefit measurement,An administrative license revocation mechanism with unified standards and standardized procedures.Structurally this article can be divided into four parts:The first part is the theoretical definition of administrative license revocation.By combing the evolution of the administrative license revocation legal phenomenon and analyzing the power source of the revocation right,the concept of administrative license revocation is defined and its legal characteristics are clarified.The second part is based on case retrieval and summarizes the problems in the administrative license revocation practice and categorizes them into "misuse revocation","abuse revocation" and "program illegal revocation";and compares the three The appearance,causes and consequences of the problem,the problems raised in practice can be attributed to "abuse of the right to withdraw".The third part analyzes the causes of the problem from the three levels of theoretical basis,legislation,and law enforcement and provides solutions.The principle of trust protection is the cornerstone of the cancellation mechanism,but it is in the form of practice.The boundary of trust protection should be explored and implemented.Differential application of protection and property protection;the hollowing of legislation has led to the lack of practical guidance function of laws and regulations,and it is urgent to clarify concepts and supplementary procedures;strict rules dominate the law enforcement team,and it is necessary to correctly understand the principles of law-based administration and change the old administration Concept.The fourth part is the specific measures to improve the cancellation mechanism.The provisions of the subject of the revocation right are too general and need to be clear.This article distinguishes between the leading agency and the guiding agency,and makes specific designs for different types and forms of implementation subjects;the current revocation system lacks a definition of the scope of revocable administrative licenses.The three factors of effectiveness,type of defect,and degree of violation restrict it,and limit the revocable scope to "general illegal administrative license with validity";the current revocation mechanism does not guarantee the trust interests of relatives.The public interest has been defined,and the applicable method of trust protection has been redefined.Finally,referring to local normative documents,a more complete process for revoking illegal administrative licenses has been formulated to promote substantive justice with due process.