1, the principle of proportionality

The principle of proportionality has three requirements: first, it has a purpose, that is, the specific measures taken by the administrative organs to exercise their discretion must conform to the legal purpose.

Secondly, appropriateness means that the specific measures and means chosen by the administrative organs should be necessary by law, and there is legitimacy between the results and the measures and means.

Third, the least damage means that the administrative organ should adopt the method that causes the least damage to the rights and interests of the parties when it can achieve an administrative goal in various ways. For example, punishment should follow the principle of proportionality, and the punishment result should be commensurate with the facts, nature, circumstances and social harm of the illegal act, so as to achieve the purpose of stopping the illegal act.

2. The principle of due process

The principle of due process includes: first, administrative openness. In order to protect citizens' right to know, administrative organs should make administrative management public except those involving state secrets, commercial secrets and personal privacy protected by law.

Second, public participation means that when making important regulations or decisions, administrative organs should listen to public opinions, especially the statements or defenses of the direct parties and other interested parties. If the statements and arguments put forward are established, the administrative organ shall consider adopting them.

Third, the avoidance of official duties means that the staff of administrative organs should avoid when they have an interest in the administrative counterpart when performing their duties.

3. Power control and administration according to law

The exercise of administrative power is to make the will of others obey the will of the power owner without the consent of the ruled. Therefore, modern rule of law advocates that state power should be ruled and restricted by pre-established legal rules.

Without the provisions of laws, regulations and rules, administrative organs shall not make decisions that affect the legitimate rights and interests of citizens, legal persons and other organizations or increase their obligations.

4, the principle of protection of trust interests

1) applicable requirements: first, there is a basis of trust, that is, the administrative organ has made an administrative act of granting benefits that the relative person has confidence in; Second, there is trust interest, that is, the relative person has implemented the corresponding behavior because of trust, but it is born because of the implementation of the behavior.

Assessable benefits or corresponding burdens; Third, there is legitimate trust. Trust is out of the goodwill of the relative person, and there is no fault.

2) If the protection method cannot be revoked or abolished, it shall not be revoked or abolished. However, if it needs to be revoked, abolished or changed due to legal reasons, it shall be carried out in accordance with the statutory authority and procedures, and the property losses suffered by the other party shall be compensated or compensated.

5. Conflict resolution between the principle of administration according to law and the principle of protecting trust interests.

Existing, flawed or even illegal administrative acts should not be rejected, but should be treated differently according to different situations.

Before revoking the administrative decision, the administrative organ must weigh the public interest guaranteed by the principle of administration according to law and the need to protect the relative person's trust in the legality of the administrative act. Only when the public interest is greater than the private trust interest can this administrative act be revoked.

If it is really necessary to cancel, we should also adhere to the principle of proportionality and measure the relationship between total cancellation and partial cancellation. At the same time, it is necessary to properly solve the problem of how to compensate or compensate the losses caused to the licensee. Only in this way can it constitute a legal revocation decision.