On the Application of the Principle of Prohibiting the Alteration of Adverse Interests in Administrative Reconsideration
The principle of prohibiting the alteration of adverse interests in administrative re-consideration means that when an applicant refuses to accept the administrative decision and ap-plies for reconsideration,the reconsideration authority shall not,in principle,make a reconsider-ation decision which is more unfavorable to the applicant.The provision of this principle in Ar-ticle 51 of the Implementing Regulations of the Administrative Reconsideration Law has such problems as conflict between principles,low level of validity,unclear scope of application,nar-row exception provisions and vague concept,which result in certain obstacles in the judicial ap-plication of this principle.Paragraph 2 of Article 63 of the new Administrative Reconsideration Law responds to the above problems to some extent by elevating the principle to the level of law,further expanding its scope of application and specifying certain exceptions.In the future,its scope of application shall be further expanded and shall not be limited to the scope of reconsider-ation claims of the parties concerned,but shall be applied to decisions on alteration,revocation and withdrawal as well as other decisions with the limitation of application of this principle fur-ther specified.
Administrative ReconsiderationProhibition of Alteration of Adverse InterestsAdministrative DisputeSubstantive Settlement
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