The Study On Withdrawal Of Beneficial Administrative Action

As a general term for a class of administrative actions, beneficial administrative action is the administrative subject to give or confirm the rights and interests of the relatives or reduce their obligations, and the withdrawal of beneficial administrative action is a loss. If the government cannot process well to the withdraw of profit administrative actions,it will certainly cause the reduction of government good faith. So, the study of the withdrawal of beneficial administrative action, will contribute to protect the lawful rights and interests of private party, as well as being the reference of the administrative's withdrawing right. And it will promote the construction of the government under the rule of law and good faith.This paper uses comparative analysis, empirical analysis and value analysis and other research methods, and conducts a systematic study on the withdrawal of the beneficial administrative action. Based on theories of extraterritorial legislation and the academic research, and according the present situation of our law, I also give my own opinion in the paper.This paper is divided into four parts, as follows:The first part is about the concept of beneficial administrative action and its withdrawal. In this part we mainly explain the connotation and extension of beneficial administrative action and make clear what withdrawal exactly is by comparing withdrawal with annulment, withdrawal and revocation, withdrawal and termination of the executive acts of the case of loss of effectiveness.The second part analyzes the causes and elements of the withdrawal of the beneficial administrative action. This section discusses the beneficial administrative action should follow the principles of the withdrawal:the principles and exceptions to the general prohibition of withdrawal of the legal principle of withdrawal, the proportion of public principle and the principle of priority; the same time drawing on extra-territorial withdrawal on the beneficial administrative action and the theory element of the legislation Based on the proposed administrative procedures in the future our country can be prepared to withdraw legislative elements.The third part concerns beneficial administrative action to withdraw the rights to exercise its legal consequences. This section describes the beneficial administrative action to withdraw the principal exercise of the rights exercise program, exercise form and exercise duration. For the withdrawal of different situations, it clarifies illegal or inappropriate behavior beneficial administrative withdrawal of the legal consequences and legal benefits granted to withdraw two consequences of administrative behavior: beneficial administrative actions and executive compensation backward failure.The fourth part discusses the protection of the interests of trust relative in the beneficial administrative action. This part explains the elements of the interests of trust relative in the beneficial administrative action:faith-based, trusted performance and trust worthy of protection; meanwhile, it discusses in two ways:the existence of protection and property protection; then clarifies the interests of the trust relative to other means of relief.