The Research Of The Revocation Of Administrative Authority

The revocation of administrative actions is an important object of administrative law research.The current legal provisions also provide detailed provisions for the revocation of administrative actions in litigation,but the system construction and theoretical research on the revocation of administrative power have been in a state of disregard.It has led to situations where administrative agencies abuse the power of revocation or even evade judicial power by means of the power of revocation.There is a certain degree of misunderstanding in practice regarding the subject of revocation.Although the revocation of administrative power is a common phenomenon in practice,it does not mean that the revocation of administrative authority is a self-evident power.Regarding the standard of revocation,both the legislative and practical levels adhere to the view that "every defective administrative act can be revoked",resulting in a greater impact on the stability of the law.This article takes "Shimou v.Dancheng County Public Security Bureau Administrative Penalty Case" as an example,and combines the relevant theories and cases of administrative power revocation to analyze the revocation of administrative power.This article is divided into three parts: introduction,body and conclusion.The body is divided into the following five parts.The first part is the introduction of cases.A brief introduction to the "Shimou v.Dancheng County Public Security Bureau Administrative Penalty Case",and led to the focus of this case: the first is whether the administrative agency has the right of revocation,and the second is the administrative agency’s revocation of administrative actions according to its powers.The standards and basis are finally the consequences of the revocation of administrative powers,including the retrospective issue of the revocation of administrative powers and the related issues of redoing after revocation.The second part defines the concept of revocation of administrative power,and analyzes the subject of revocation of administrative power.The third part analyzes and studies the reasons for the revocation of administrative power.First of all,it summarizes the main reasons and basis for the revocation of administrative power from the practical level,secondly analyzes whether minor administrative actions should be revoked,and finally analyzes the reasons for the cancellation of administrative punishment by the Public Security Bureau of Dancheng County.The fourth part expounds the consequences after the revocation of administrative authority.Analyzed the retrospective issue of the revocation behavior and the provisions of the current law on re-doing after revocation,followed by analyzing the legality and rationality of the re-doing behavior after the revocation of Dancheng County Public Security Bureau,and then came up with the re-doing after revocation Some suggestions for system construction.The fifth part puts forward some ideas and suggestions on the control and system construction of the revocation of the main administrative functions.