The twenty-fifth lecture "Thinking Mode of Administrative Law" was successfully held in Beijing Normal University, Zhuhai on the evening of November 29th, 2021. This lecture was given by Associate Professor Zhang Qingbo of Zhongnan University of Economics and Law School and presided over by Associate Professor Guo Shu of Beijing Normal University Law School. Students from law school actively participated in this lecture.
At the beginning of the lecture, Professor Guo Shu solemnly introduced the speaker of this lecture, Associate Professor Zhang Qingbo, who is a doctor of law from Goethe University Frankfurt, Germany, and an associate professor at Zhongnan University of Economics and Law School. His teaching research direction is general theory of administrative regulations and regulation theory.
In the lecture, Associate Professor Zhang Qingbo pondered the lawsuit of revocation in administrative law through five cases. First, Associate Professor Zhang Qingbo explained that the reasons for the burdensome administrative act are available for examination, which can be analyzed from three parts: the basis of authorization norms, the formal legitimacy of the burdensome administrative act itself and the substantive legitimacy. Distinguish the burden behavior from the non-burden behavior.
Associate Professor Zhang Qingbo, through the case of purchasing industrial salt by Luwei Company, further explained that the administrative actions that reduced the existing rights of the counterpart must be based on effective authorization norms. Whether the authorization specification on which the accused behavior is based is legal and effective depends first on whether the authorization specification conforms to the legal order, and then on whether the content conforms to the superior law. The second case, the case of Irkut Company, is used to illustrate the problem of the availability of reasons for appealing for revoking administrative decisions. It should be analyzed according to the compliance of the authorized norms, the formal legality and the substantive legality of the administrative decisions being sued, especially the review and revocation of discretionary decisions. Associate Professor Zhang Qingbo also mentioned that lawyers should have the lawyer's thinking in judicial practice, and should proceed from the actual interests of the parties, instead of blindly pursuing litigation means, which will have adverse consequences for the parties. Associate Professor Zhang Qingbo analyzed this case. Although the lawsuit of revoking administrative punishment can be revoked by the court, after revoking, the administrative organ may impose a penalty of confiscation of illegal income, which is even more unfavorable to Irkut Company, so it is not appropriate to sue. This leads to the second part of the lecture-the problem of the reasons for prosecution. According to the case of Yimin Company in Zhoukou City, Associate Professor Zhang Qingbo analyzed that although the specific administrative act being sued is illegal, if it is revoked, it may cause serious losses to the public interest. The specific administrative act being sued should be judged to be illegal but not revoked, and the remedial measures should focus on the compensation of the loss of interests, so as to realize the balance between public interests and individual interests. In the fourth case, Associate Professor Zhang Qingbo mainly talked about the criteria for judging whether the administrative license is illegal. In the last case, Associate Professor Zhang Qingbo mainly shared whether the burden behavior and non-burden behavior should be authorized when filing an administrative lawsuit, and the difference between revoking and confirming invalidity of the sued administrative behavior. In the face of some lawsuits, it is expected to be successful, although it is impossible to petition for revoking, but illegal behavior can be confirmed, so lawyers should make a choice.
After the lecture by Associate Professor Zhang Qingbo, he continued to communicate with the students, encouraged the students to ask questions, and patiently answered the questions raised by the students, such as "the externality of meeting minutes", "how to balance the status of both parties in administrative agreements within the framework of legal reservation" and "whether China's non-burdensome behavior can improve the relevant regulations of authorization norms like Germany". Associate Professor Guo Shu also expressed his own views, and the students responded enthusiastically.
Finally, Associate Professor Guo Shu spoke highly of the profundity of Associate Professor Zhang Qingbo's lecture, and thanked Associate Professor Zhang Qingbo for giving a wonderful lecture to the students. Associate Professor Guo Shu said that the laws of all countries in the world tend to be consistent, and countries should influence each other and learn from each other. Compared with the rule of law in Germany for hundreds of years, there is still a long way to go in China's rule of law construction. He called on students to think more, and the rule of law construction in China still needs their continuous efforts. The lecture lasted for more than two hours. The brilliant and profound lecture of Associate Professor Zhang Qingbo benefited the students a lot, and the lecture ended successfully with warm applause from the whole audience.
