How to distinguish between the revocation, withdrawal and cancellation and revocation of an administ

1. The subject of the violation is different.

The revocation and withdrawal of the administrative license are due to the illegal problems and illegal acts in the process of implementing the administrative license.

The subject may be the licensing authority, for example, the license is not made in accordance with the statutory conditions, or it may be the applicant for the administrative license, for example, the lack of permission by means of deception.

In accordance with the provisions of the Administrative Licensing Law, if the licensing authority violates the license and causes losses to the licensee after revocation, the licensing authority shall compensate the licensee. Revocation and cancellation of an administrative license is the use of the license to carry out illegal acts after the licensee obtains the administrative license in accordance with the law, and the law enforcement agency revokes its administrative license in accordance with the law, and its subject is generally an individual.

2. The severity of the violation is different.

Revocation of an administrative license is a compulsory measure taken by an administrative organ to deprive the licensee of the right to operate or the qualifications and qualifications. This is the most severe administrative penalty imposed by an administrative authority on a licensee.

Cancellation of administrative license means that a license is physically extinguished or has become impossible to realize, and there are many reasons for the failure to realize, such as time factors, exceeding the license period, and its degree is relatively minor.

The withdrawal of an administrative license means that the laws and regulations on which the administrative license is based have changed, or the objective circumstances on which the license is based have changed, and the license that has already been issued is withdrawn for the needs of the public interest. The degree of withdrawal of administrative license is the lightest.

3. The punishment method is different.

The administrative license is revoked, and the administrative organ adopts compulsory measures to deprive the licensee of the right to operate or the qualifications and qualifications. The administrative license shall be cancelled, and the administrative organ shall withdraw the administrative license or announce that the administrative license shall be invalid in accordance with legal procedures. Revocation of an administrative license, the revocation of an administrative license, refers to the revocation of the legal effect of the administrative organ that made the administrative licensing decision or its higher-level administrative organ in accordance with law.

In short, the revocation of an administrative license is caused by an illegal act in the process of making an administrative licensing decision; The withdrawal of an administrative license is for a legitimate administrative license, and the administrative organ has made a decision to withdraw the license before it takes effect; The cancellation of an administrative license is a procedural act after the loss of the licensed entity's rights; The revocation of an administrative license is an administrative penalty act, which is related to the illegal acts carried out by the licensee after obtaining the license.

Revocation is an administrative penalty. Revocation is an administrative organ, with the court as the main body, and is aimed at a specific administrative act made by an administrative organ that violates the law.

Withdrawal refers to the repeal of the laws, regulations, and rules on which a specific administrative act was taken, or the invalidity of the administrative act.

Cancellation refers to the cancellation of the administrative license registration by the administrative authority for industry and commerce in the event that it has been revoked, revoked, withdrawn or terminated by the organization.

Revocation is an administrative penalty. Revocation is the administrative organ; Withdrawal refers to the repeal of the laws, regulations, and rules on which a specific administrative act was taken, or the invalidity of the administrative act. Cancellation refers to the cancellation of the administrative license registration by the administrative authority for industry and commerce in the event that it has been revoked, revoked, withdrawn or terminated by the organization.

There are three circumstances for revocation: first, if the driver violates road traffic laws and regulations and causes a major traffic accident and constitutes a crime, in addition to pursuing criminal responsibility in accordance with the law, the driver's license shall also be revoked by the public security traffic management department; Second, if the driver causes a traffic accident and escapes, the driver's license will be revoked and he will be banned from driving for life; Third, if the driver's license is detained due to road traffic violations, and the driver's license is revoked if he has not been dealt with for more than 15 days, and the driver's license is overdue without a legitimate reason.

If the driver obtains the driver's license by fraud, bribery or other improper means, the driver's license shall be withdrawn in accordance with the law and his driving qualification shall be revoked; If you want to reapply for a driving license after it has been revoked by law, you must apply for it after three years.

Cancellation is implemented only when the driver dies, the physical condition is not suitable for driving, the driver takes the initiative to apply for cancellation, and the motor vehicle driver's license has not been renewed for more than one year.

Revocation, mainly refers to the administrative disorder of the staff of the ** agency responsible for the administrative licensing, resulting in the license that should not be given the license, but the license was given, the responsibility lies with the ** organ, and the corrective procedure is to revoke the administrative license. Once withdrawn, the license shall be null and void ab initio.

Withdrawal is due to some relatively legitimate reason, not attributable to both parties, such as a computer system failure that leads to the erroneous issuance of an administrative license, and the rescue procedure is to withdraw. After the withdrawal, the previous administrative license is valid (otherwise it would be unfair to the licensee).

Cancellation is due to the fact that the licensee no longer meets the main conditions of the license or the license period expires and is not renewed, so that the administrative license is invalid.

Revocation is a kind of administrative punishment, which is a kind of punishment imposed by the licensing authority on the licensee because the licensee violates the law or no longer meets the licensing conditions, and the effect is also to make the administrative license invalid.

1. Administrative Licensing Law

Article 69: [Circumstances for Revocation of Licenses]In any of the following circumstances, the administrative organ that made the administrative licensing decision or the administrative organ at a higher level may revoke the administrative license at the request of the interested party or on the basis of its authority:

A) the staff of the administrative organ abuse their authority, dereliction of duty to make a decision to approve the administrative license;

B) beyond the statutory authority to make a decision to approve the administrative license;

C) in violation of legal procedures to make a decision to approve an administrative license;

D) do not have the qualifications to apply for or do not meet the statutory requirements of the applicant to grant an administrative license;

5) Other circumstances in which an administrative license may be revoked in accordance with law.

If the licensee obtains an administrative license by fraud, bribery or other improper means, it shall be revoked.

Where the revocation of an administrative license in accordance with the provisions of the preceding two paragraphs might cause major harm to the public interest, it is not to be revoked.

In accordance with the provisions of the first paragraph of this article to revoke the administrative license, the licensee's legitimate rights and interests are harmed, the administrative organ shall give compensation in accordance with law. If the administrative license is revoked in accordance with the provisions of the second paragraph of this article, the interests obtained by the licensee based on the administrative license shall not be protected.

2. Article 70 of the Administrative Licensing Law [Circumstances of Cancellation of License] In any of the following circumstances, the administrative organ shall go through the cancellation procedures for the relevant administrative license in accordance with the law:

A) the expiration of the validity period of the administrative license has not been renewed;

2) An administrative license that grants a citizen specific qualifications, and the citizen dies or loses the capacity for conduct;

3) Where a legal person or other organization is terminated in accordance with law;

4) The administrative license has been revoked or withdrawn in accordance with law, or the administrative license has been revoked in accordance with law;

5) The administrative licensing matters cannot be implemented due to force majeure;

6) Other circumstances provided for by laws and regulations that shall cancel administrative licenses.

3. Article 8 of the Administrative Punishment Law Types of administrative punishments: ......5) Temporarily withholding or revoking permits, or suspending or revoking licenses; ......

The difference between revocation and revocation of an administrative license is as follows:

1. The applicable circumstances are different. The revocation of an administrative license applies to the situation where the administrative organ or its staff and the licensee are unilaterally or both at fault. The withdrawal of the administrative license is only applicable to the amendment or repeal of the laws, regulations or rules on which the administrative license is based, or the major changes in the objective circumstances on which the administrative license is based;

2. The retroactivity is different. Where an administrative license is withdrawn, the administrative license shall become invalid from the time of withdrawal and shall not have retroactive effect. If the administrative license is revoked, the administrative license is not legally binding from the beginning.

What are the specific circumstances of the revocation of an administrative license?

1. Exceeding the statutory authority to make a decision to approve the administrative licensing;

2. Violating legal procedures and making an administrative licensing decision;

3. Applicants who do not have the qualifications to apply or do not meet the statutory conditions are granted administrative licenses;

4. The staff of the administrative organ abuses their power or neglects their duties to make a decision to approve the administrative license;

5. Other circumstances under which the administrative license may be revoked in accordance with the provisions of the law.

Legal basisArticle 70 of the Administrative Licensing Law of the People's Republic of China.

In any of the following circumstances, the administrative organ shall go through the cancellation formalities for the relevant administrative license in accordance with law:

A) the expiration of the validity period of the administrative license has not been renewed;

2) An administrative license that grants a citizen specific qualifications, and the citizen dies or loses the capacity for conduct;

3) Where a legal person or other organization is terminated in accordance with law;

4) The administrative license has been revoked or withdrawn in accordance with law, or the administrative license has been revoked in accordance with law;

5) The administrative licensing matters cannot be implemented due to force majeure;

6) Other circumstances provided for by laws and regulations that shall cancel administrative licenses.

1.Quash. In any of the following circumstances, the administrative organ that made the administrative licensing decision or the administrative organ at a higher level may revoke the administrative license at the request of the interested party or on the basis of its authority:

1) The staff of the administrative organ abuses their power or neglects their duties to make a decision to approve an administrative license;

2) beyond the statutory authority to make a decision to approve the administrative license;

3) Violating legal procedures to make a decision to approve an administrative license;

4) Applicants who do not have the qualifications to apply or do not meet the statutory conditions are granted administrative licenses;

5) Other circumstances in which the administrative license may be revoked in accordance with the law.

2.Logout. In any of the following circumstances, the administrative organ shall go through the cancellation formalities for the relevant administrative license in accordance with law:

1) The validity period of the administrative license has not been renewed;

2) An administrative license that grants a citizen specific qualifications, and the citizen dies or loses the capacity to act;

3) The legal person or other organization has been terminated in accordance with law;

4) The administrative license is revoked or withdrawn in accordance with the law, or the administrative license is revoked in accordance with the law;

5) The administrative licensing matters cannot be implemented due to force majeure;

6) Other circumstances under which the administrative license shall be cancelled as provided by laws and regulations.

3.The difference between revocation and cancellation.

Revocation usually means that the license is defective.

Cancellation is only a matter of formalities, and the permit may or may not be defective.

Revocation, revocation, and cancellation of administrative licenses are both different and related to each other. From a logical point of view, revocation includes revocation. The revocation may be suspended because of the fault of the staff of the administrative organ, or because there is a change in the laws or regulations on which it is based, or for the public interest; It can also be that the administrative organ imposes severe administrative penalties on the licensee and forcibly suspends the administrative license.

Revocation, on the other hand, refers specifically to administrative penalties, which is the latter case of revocation. In addition to the licensee's own application for cancellation, it may also be a major change in the licensee's own circumstances, or other objective external reasons, and the retention of this administrative license has lost its meaning, and the administrative organ shall cancel it in accordance with the law.