Research On The Self-correction Mechanism Of Illegal Administrative Behavio

Reducing and controlling illegal administrative acts and relieving the consequences of illegal administrative acts is not only the goal of administrative rule of law construction,but also the key and difficult point of administrative law theory research.For a long time,the theoretical circle has mainly focused on administrative reconsideration and administrative litigation,two relatively mature external correction methods,while few scholars have mentioned the method of dispute resolution that is the closest to the time and space of administrative disputes,namely,administrative organs’ self-correction.The practice of administrative organs correcting illegal administrative acts by themselves has long existed in practice,but it has not been systematically summarized and developed.In the past two years,with the effective implementation of the pilot work of administrative self-correction in Nantong City,the importance of this mechanism has become more prominent.Under the guidance of the principle of administration according to law,carrying out the work of administrative self-correction is the due meaning of the construction of the government under the rule of law,and also the inevitable choice to resolve administrative disputes in time.In this thesis,comparative research,literature research and empirical analysis are combined to carry out research.On the basis of sorting out and analyzing existing legal norms and relevant cases,the basic content of the self-correction mechanism is analyzed and discussed according to its operation stage and actual problems,so as to realize the sustainable development of the self-correction mechanism.It is beneficial to the source of administrative disputes.Therefore,this thesis includes the following five main contents.First,this thesis expounds the basic theories related to the self-correction of illegal administrative acts.In terms of its specific connotation,the subject of self-correction should only be identified as the organ that made the original administrative act.Self-correction belongs to a way in the relief system from the essence,and the object of self-correction is extensive,and all defective administrative acts including illegal administrative acts can be applied.The legal legitimacy of self-correction is mainly based on the dialectical unity of the principle of administration according to law and the stability and purity of law.The practical legitimacy is embodied in the compliance with the principle of administrative efficiency and the effective play of the strong warning effect,while the value legitimacy is manifested in that self-correction is the requirement of the courage to self-revolution,which is conducive to improving the credibility of the government.Second,this article mainly discusses the concrete ways of self-correction of illegal administrative acts.According to relevant legislative provisions,the self-correction methods include confirmation of invalidity,revocation,alteration,cure,confirmation of illegal and so on.In order to solve the problem of overcorrection,especially to restrict the exercise of revocation of power,the severity of corrective means should be matched with the severity of defects in administrative acts.When selecting the specific self-correction methods,we must take into account the factors such as administrative efficiency and rationality to achieve precise treatment.The third part of this thesis focuses on the analysis of the illegal administrative behavior of self-correction of the current problems.The problems in the legal level are as following: the lack of unified upper law leads to the difference in local legislation,the number of self-correction provisions is small and the content is abstract;The problems in practice include overcorrection represented by misuse or abuse of revocation,repeated actions in the name of correction,and weak willingness of administrative organs to correct themselves.Problem is the precursor of mechanism construction and optimization.In view of various problems manifested in the self correction mechanism of illegal administrative acts,it is necessary to demonstrate and analyze the limitations of self correction implementation of illegal administrative acts based on the selection of appropriate correction methods based on the differences in the severity of defects in illegal administrative acts,and in combination with existing relevant institutional norms,in order to ensure that the right to correction is not misused or even abused.To this end,reasonable restrictions can be carried out from the two aspects of entity and procedure.Among them,entity restrictions are mainly reflected in the interests of administrative trust,especially in the withdrawal of profit-granting administrative acts,which requires more caution.Procedural restrictions are reflected in the following of due process,which not only requires a reasonable time limit for the exercise of the right to self-correction,but also requires the full protection of the parties’ right to participate in the process.Last but not least,this thesis discusses the protection and relief of the self-correction of illegal administrative acts.Self correction is a relief method for illegal administrative acts.In order to properly solve practical problems such as weak willingness to self correction and overcorrection by administrative organs,and to urge administrative organs to perform their correction responsibilities in accordance with the law,targeted improvement needs to be focused on combining existing systems such as the accountability system and the system of administrative organ heads appearing in court to respond to litigation,in order to fully ensure the effective operation of the self correction mechanism.At the same time,from the perspective of fully protecting the legitimate rights and interests of the litigants,the litigants should also be given the right of relief for the corrective actions of the administrative organs.In determining the scope of relief,special attention should be paid to the actionable issues such as the refusal to correct the behavior.