The Legal Restriction Of Administrative License Revocation And Its Way Of Mechanism Improvement

Administrative license is an important means of administrative management,the revocation of the license has a natural damage,and it has received long-term attention academically.The Administrative License Law has been revised once since it was published in 2003,but it does not respond to the continuing concerns of revocation problems,nor has it absorbed research results.In order to substantially resolve administrative disputes,protect the legitimate rights of citizens and improve the credibility of the government,it is necessary to conduct an in-depth investigation on the current situation of administrative license revocation and put forward solutions to the problems.First of all,by searching the relevant cases on China Judgments Online,it found three main problems in the revocation of administrative license: unclear understanding of the nature of revocation,inconsistent procedure protection and inadequate survival protection.With the help of China Laws and Regulations Database,combing out the legislative situation of administrative license revocation and point out the common problems in legislation: the lack of revocation procedures,the lack of provisions on the revocation period and the protection of trust interests is not comprehensive.Otherwise,low legislative level of local administrative procedure,and the lack of provisions on the revocation period.The above issues jointly reflect the broad discretion of administrative license revocation.Secondly,to deal with the problem of understanding of administrative licensing revocation nature is not clear,discussing the concept of administrative license revocation to clarify revocation connotation,characteristics and function,and to distinguish between the administrative licensing revocation and related concepts.It points out that the revocation of administrative license refers to the abolition of administrative license by administrative organs with the illegal situation when it is established.It is a way for administrative organs to self-correction,and it has retrospective power in principle.Thirdly,it comprehensively analyzes the legal basis and specific factors of controlling the administrative license revocation right,proposing that the administrative authority should investigate the relevant interests and make a reasonable choice between the administration by law and the maintaining of stabilizing law.By summarizing the theoretical,legislative or judicial information,we find that the administrative authority exercising the revocation right is limited by six factors.Namely,public interest,trust interest,degree of illegality,time limit,procedure and behavior content,and provide a basis for improving the revocation of administrative license accordingly.Finally,take Administrative License Law for example,to standardize the power in revocation,it proposed to attach importance in two aspects that are survival protection and procedure protection.Specifically,to build survival protection mechanism and improve the administrative licensing revocation procedures,the former refers to the introduction of correction,set time limit and establish a partial revocation method.The latter includes inform,hearing and information disclosure procedures,to provide the legal basis for the administrative organ to enforce the law prudently.