The Application of Administrative Review Change Decision
The important content of the revision of the Administrative Review Law in 2023 is the construction of the administrative review decision system centered on the change decision.This amend-ment is more in line with the functional position of administrative review,which can further avoid pro-cedural idleness,and truly play the role of the"main channel"to resolve administrative disputes.How-ever,the abstract rules still face many uncertainties in understanding and application when faced with complex and specific cases.It is necessary to explain the change decision clause in the new law and fur-ther refine its practical application.Specifically,in proven cases,the reviewing body can make a change decision based on two reasons:First,there is only an unreasonable situation in an administra-tive act,including obvious improperness and the general sense of the improperness.Establish a dual re-view standard system based on whether there are discretionary benchmarks.The second is the situation where the law is illegally or improperly applied.In the case of defective evidence,the reviewing body applies the change decision in principle,but in cases where the process of factual determination requires high professionalism or the facts are difficult and complex,the revocation decision can be applied.
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