administrative revocation refers to the revocation of an administrative act, which has taken legal effect. If it is found to be illegal or improper, it will be revoked by the competent authority, making the corresponding administrative act lose its legal effect.
revocation is aimed at general illegal or inappropriate administrative acts. Administrative acts do not have legal elements, such as the subject is illegal, or the content is illegal, or the procedure is not suitable. When the administrative act is inappropriate or unreasonable, the court usually does not revoke it on the grounds of inappropriateness. Even if the administrative counterpart exceeds the reconsideration or litigation period, it does not affect the administrative organ to revoke the illegal or inappropriate administrative act. ?
after an administrative act is revoked, it has no legal effect from the beginning. Under special circumstances, such as to take care of the interests of the public or the administrative counterpart is not at fault, the revoked administrative act has no legal effect from the date of revocation. If the administrative act is revoked due to the fault of the administrative subject, the administrative organ shall compensate all the losses caused to the relative person.
Extended information
Lv Xiaofeng, the legal representative of the plaintiff "Beiyan Yunyi", complained that his wife Zhang Ruizheng gave birth to a daughter named "Beiyan Yunyi" in the hospital, and when she registered her daughter registered permanent residence, the defendant Yanshan Police Station of Lixia Branch of Jinan Public Security Bureau of Shandong Province refused to register. The reason is that the child's surname must follow the father's surname or the mother's surname. Request the court to order that the defendant's refusal to register in registered permanent residence under the name of "Beiyan Yunyi" is illegal.
verdict: the people's court of lixia district of Jinan made an administrative judgment: the plaintiff's claim of "Beiyan Yunyi" was rejected.
reasons for adjudication: The court came into effect. The referee thinks that the parents of the plaintiff "Beiyan Yunyi" created Beiyan as their surname and chose Beiyan Yunyi as their name to register their daughter registered permanent residence because "Beiyan Yunyi" was taken from four famous China classical poems, which implied their parents' good wishes for their daughter. This reason is obviously arbitrary to create surnames only based on personal preferences and wishes, which does not conform to the situation of "there are other legitimate reasons that do not violate public order and good customs" as stipulated in Item 3 of Paragraph 2 of the Legislative Interpretation, and should not be supported.
people's network-social impact should be considered when revoking illegal administrative acts.