Research On The Self Correction System Of Administrative Organs

The ideal goal of legal administration is to avoid and reduce illegal administrative actions.Correcting illegal administrative acts on one’s own is a necessary part of lawful administration.Article 75 of the newly revised "Administrative Penalty Law" in 2021 stipulates that the administrative subject shall take the initiative to correct the erroneous administrative penalty made;Article 69 of the Administrative Licensing Law stipulates the circumstances in which administrative licenses can be revoked.In addition,Nantong City,Jiangsu Province has issued normative documents such as the "Implementation Opinions on Strengthening Self correction of Administrative Behaviors" and the "Guiding Opinions on Strengthening Self correction of Administrative Behaviors" in the West Coast New Area of Qingdao,Shandong Province.In July 2022,the Supreme People’s Court released the "Minutes of the Three Judges’ Meeting on Administrative Organs’ Self correction Behavior," which further clarified that administrative correction behavior should comply with the principles of due process and trust protection,self correction should have sufficient factual and legal basis,and administrative organs should exercise the power of self correction within the statutory scope.The promulgation of the above outline,laws,normative documents,and cases provides important basis and operational guidance for administrative organs to self correct,and also indicates that self correction has received increasing attention in the field of administrative law.The effective application of the self correction system helps to improve the legal administrative level and government credibility of administrative agencies,protect the legitimate rights and interests of citizens,reduce or avoid the occurrence of administrative disputes,timely end the uncertainty of the effectiveness of administrative actions,maintain the stability of administrative legal relationships,and enhance public recognition and trust in administrative agencies.However,due to the lack of a mature and complete institutional system,there is a certain degree of arbitrariness in the practice of self correction by administrative organs.At the same time,there are also problems such as excessive reliance on external forces such as administrative reconsideration and litigation for evaluation and correction,which is not in line with the value pursuit of administrative law.Therefore,in order to comprehensively build a rule of law government and promote the modernization of the national governance system and governance capacity,it is necessary to conduct indepth research on the self correction of administrative organs as a relief system independent of administrative reconsideration and litigation.This article is titled "Research on the Self correction System of Administrative Organs",combining relevant legislative systems with practical cases,summarizing the existing problems and causes of the self correction system,and proposing effective solutions.Based on this,this article consists of four parts for discussion,in addition to the introduction and conclusion.The first part is an overview of the self correction system of administrative agencies.Briefly introduced the concept of the self correction system of administrative agencies and conducted a theoretical analysis of it;Elaborate on the characteristics of timely,non mandatory,post hoc,extensive,and independent self correction;Clarify the legitimacy and rationality of self correcting behavior;Interpreting the functions of the self correction system,including: professional screening of dissenting administrative actions;Effectively resolving administrative disputes;Enhance public recognition and trust in the government.The second part explains the means,legal effects,and subsequent obligations of self correction by administrative agencies.Clarified the means for administrative agencies to self correct,including: correction and supplementation;Revocation and change;Confirming illegality and fulfilling responsibilities in three aspects.In terms of legal effects,including the loss and restoration of administrative action effectiveness,the recovery of beneficial administrative action benefits,and the elimination of burdensome administrative actions.For subsequent obligations,the obligation to deal with the consequences of damage was discussed;Recalculating the deadline for correcting administrative actions;The new administrative action should be based on the new situation;When the original administrative act has not been revoked,there shall not be four aspects of new administrative decisions.The third part discusses the problems in the self correction system of administrative agencies,including: unclear responsibilities and authorities for self correction of administrative agencies;The means of self correction by administrative agencies are chaotic;The procedure of self correction by administrative agencies is arbitrary.The reasons for the above problems are analyzed as follows: the administrative organs’ self correction of relevant legislation is not perfect;Administrative agencies lack initiative and ability to self correct;The remedy channels for self correction are incomplete.The fourth part proposes relevant improvement suggestions for the problems and reasons that arise during the self correction process of administrative agencies.Including clarifying the scope of responsibilities for self correction by administrative agencies;Adopting different corrective measures based on the nature and types of administrative actions;Following due process of self correction;Improve relevant legislation on self correction by administrative agencies;Improve administrative self correction ability;Strengthen the six aspects of self correction relief for administrative agencies.