On The Reopening Of Administrative Procedures

The reopening of administrative procedures refers to the reopening of procedures for administrative actions that already have formal survivability by administrative agencies to review them,and make decisions such as rejection,cancellation,annulment,and modification.In recent years,in my country's administrative litigation cases,an increasing number of counterparts have advocated the reopening of administrative procedures.However,due to the lack of legal provisions in the administrative procedure reopening system,the counterparts' claims are usually rejected by the courts.From the perspectives of rule of law,modernization of administrative procedures,and protection of the rights of counterparts,it is very necessary to construct our country's administrative procedure reopening system.Borrowing from the mature administrative procedure reopening system in Germany and my country's Taiwan region,combining with the current system and theory of administrative law in my country,from the scope of application of administrative procedure reopening,the beginning of administrative procedure reopening,and the operation of administrative procedure reopening Construct our country's administrative procedure reopening system.Regarding the scope of application of the administrative procedure reopening system,it generally applies to the entire administrative procedure field.However,due to the special stability requirements of the law and the particularity of the identity relationship,the administrative procedure reopening system can be clearly stated in certain areas.The subjects of the reopening of administrative procedures are administrative agencies,counterparties,and interested parties.Facing a problem that is difficult for interested parties to judge,the theory of protection norms widely used in my country's administrative law should be introduced.The conditions for the reopening of administrative procedures are divided into positive conditions and negative conditions.The positive conditions are: the facts on which the administrative action is sustainable or the law has changed in favor of the administrative counterpart or interested party afterwards;the occurrence of new facts Or if new evidence is discovered,administrative actions that are beneficial to the administrative counterpart or interested party may be taken;if other retrial reasons stipulated in the "Administrative Litigation Law" and sufficient to affect the administrative behavior,the negative conditions are: the counterparty is not Missed other remedies due to gross negligence;the statute of limitations for claims not exceeding six months has been eliminated.In terms of the operation of the reopening of administrative procedures,it mainly involves the subject of review,how to review in stages,and how the administrative agency makes review and handling decisions.Taking into account the defects of self-examination in Germany and Taiwan of my country,the establishment of the examination subject in my country can be considered to imitate my country's administrative reconsideration system and establish the general principle of seeking superiors for examination.The review structure involves whether the administrative agency is divided into two stages or three stages to review the counterparty's application.my country adopts a two-stage review structure that distinguishes procedural and substantive elements to make the review more clear.Under the two-stage review framework,the administrative agency's handling decisions can be divided into three types of content.In nature,these three forms are all new actions of a litigable nature,and the content changes are prohibited and disadvantageous.The restriction of the change principle.In general,we should draw on the experience of foreign countries combined with the practice of the rule of law in our country to construct a perfect administrative procedure reopening system.