Research On The Self Correction Of Administrative Subject

Limited by the public theory and the certainty of administrative act,the theorists agree that the specific administrative act that has been done should be observed by all parties,and the administrative organ should not change it.Therefore,the relief of illegal administrative acts focuses on the discussion and improvement of administrative reconsideration,administrative litigation and even petition system.However,the law does not give the administrative organs the right to take the initiative to correct administrative decisions when they find their own administrative decisions.However,in the administrative procedure law,administrative license law,administrative penalty law and other laws,the administrative organs stipulate the responsibilities of the administrative organs.Self correction,such as "active correction and cancellation" by the executive.In fact,many administrative organs have the right to correct their wrong behaviors under the pretext of administration according to law and administration according to law.It is not enough to solve the disputes caused by self correction only through judicial procedure when there is not enough authorization in the legislation and the administrative organ carries out self correction.The self correction of administrative actions by administrative organs conforms to the inevitable requirement of the principle of administration according to law,embodies the practical spirit of China’s administrative justice field,and advocates the society’s yearning for substantive justice in a society ruled by law.Therefore,it is necessary for administrative organs to redeem their own wrong administrative acts under certain rules.At present,the attitude of legal theorists to the self correction of administrative organs is not clear.The law only records the principle of "correcting errors according to application or activity" in some laws,which does not work.However,many administrative actions of administrative organs have changed and cannot be made.In recent years,in order to make the administrative dispute settlement system more diversified,the self-correction of administrative organs has become an effective way to correct errors.The self-correction of administrative organs can free the counterpart from the complicated process of safeguarding rights,improve the administrative efficiency,reduce the judicial cost,solve the problems caused by illegal or improper administrative acts in time,reduce the damage caused by illegal administrative acts to the counterpart,and effectively prevent the occurrence of a large number of disputes.In China,the problems of illegal or improper administrative acts are dealt with mainly through administrative reconsideration,administrative litigation and even letters and visits.The administrative counterpart needs a lot of time cost and litigation cost.The self-correction of administrative organs can make the settlement of disputes more timely and efficient by starting from the administrative subjects.The reason why administrative organs apply different procedures and even conflict in the process of self-correction is that relevant procedures are scattered in separate laws and there is no unified administrative procedure code in China.On the other hand,due to the tradition of paying more attention to the entity than the procedure in China,the administrative organs have relatively weak awareness in the process of self-correction,and there are still many violations of law in the process of self-correction.This paper points out the specific problems existing in the legal system of self-correction of administrative organs in China,finds out the reasons from the existing legislation and law enforcement practice,and puts forward concrete suggestions to perfect the system of self-correction of administrative organs in China.This paper consists of four parts:The first part: An overview of the self-correcting system of administrative subject.This paper expounds the connotation definition,legislative status,principles to be followed and value significance of the system of self-correction of administrative organs.The second part: the limit and legal effect of the administrative agency’s self-correction.This paper studies and discusses the stability and purity of the system of self-correction of administrative organs,the protection of error-bound interests,the limitation of judicial power and the legal effect of the systemThe third part: the specific problems existing in the self-correction system of administrative organs in China.By means of theoretical explanation,the problems existing in the error-correcting system are pointed out.Analyze the reason of the problem of the administrative agency’s self-correction process system.The fourth part: The conception of perfecting the system of self-correction of administrative organs in our country.Combined with the existing laws and local procedures,and starting from the inside of the administrative organs,this paper puts forward some concrete suggestions to improve the self-correction system of the administrative organs in China.