Research On The Abuse Of Power To Revoke Administrative Licenses

Revocation of administrative license refers to an administrative act taken by an administrative organ to eliminate the legal effect of an administrative license that is in a state of violation but has not reached the invalidation situation.The exercise of this power by the executive to correct illegal permits will also shake the existing order.After case search and analysis,the issues raised were attributed to the fact that the administrative organ’s decision to revoke the administrative license was illegal,and the reasons for the revocation of the license were not recognized by the court.The reason for this is,first of all,the administrative organ has a deviation in its law enforcement concept when exercising this right of revocation,follows the strict concept that mistakes must be corrected,and revokes all permits that violate the law.Second,the administrative organ exercising the right of revocation improperly enforces the law,and does not weigh the interests when deciding whether to revoke,resulting in the interests harmed by the revocation decision being greater than the interests protected;Failure to resort to lesser damage error correction when permission can be withdrawn violates the principles of appropriateness and least harm.In addition,there is a lack of procedural provisions for the exercise of this right of revocation,which the administrative authorities do not follow due process on this ground.In view of the above problems and reasons analysis,first of all,in the process of exercising this right of revocation,the administrative organ should transform the strict concept that mistakes must be corrected into a restricted right of revocation,which should at least be limited by the stability of the law and the principle of trust protection.Second,when making a decision to revoke,the administrative organ should weigh its interests,and consider the licensee’s reliance interest,the interests of a third party and the public interest.Finally,it proposes the internal procedures to be followed by the administrative authorities in exercising this right of revocation,which can explain the basic principles of the application of licensing law or the basic principles of administrative procedures,and should also add a time limit to the exercise of this right of revocation.