On Accurate Application of the Prohibition of Unfavorable Change Clauses in Administrative Review
There is a tension between the centrality of change decisions in the system of administrative review decisions and the prohibition of unfavorable changes.To ease the tension between the two,it is first necessary to clarify the core value protected by the prohibition of unfavorable changes and its interrelationship with the certainty of administrative acts and the principle of protection of reliance.The prohibition of unfavorable changes only restricts the review body to make change decisions.Any change in the outcome or characterization of an administrative act that results in an increase in the applicant's obligations or an impairment of his or her rights is considered as an"unfavorable change".As to how to fill the legal loopholes in the handling of"administrative action that should be changed",for applicants claiming a wider range of benefits,the applicable conditions of the dismissal decision should be interpreted in an expansive manner;for those who need unfavorable changes due to unclear evi-dence,the revocation decision should be applied;and for other cases,the change decision should still be applied,but only pointing out the unlawfulness of the requested action,without changing the characterization of the relative's characterization or the outcome.
The Administrative Review Lawadministrative reviewprohibition of unfavorable changechange decision
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