Research On Liabilities Of Violating Administrative Procedure

Liabilities of violating administrative procedure are important content of administrative procedure legal system. Administrative procedure law formulates administrative organs, administrative counter-persons and other procedure participators' rights and duties in the administrative procedure, in which administrative organs' procedure are main content. If administrative organs break the procedure law when they carry out administrative actions, they will bear relevant legal responsibilities.The first part analyzes the theoretical grounds of establishing liabilities of violating administrative procedure, administrative procedure rights and duties, which exist independently and objectively. On the one hand, administrative organs' procedure duties are main content of administrative procedure law. Authorities must obey objective procedure duties, or else, they will bear relevant legal responsibilities. On the other hand, liabilities of violating administrative procedure law should not rely on violating substantial laws. If administrative organs violate administrative procedure law, whether their deeds violate substantial laws or not, they should bear legal responsibilities.The second part discusses the prerequisite conditions of founding out liabilities of violating administrative procedure, infraction of administrative procedure. Infraction of administrative procedure is the behavior that administrative organs violate compulsory legal procedure or abuse procedure. Only having the subject, object, subjective and objective factors at the same time, that can constitute infraction of administrative procedure. In addition, infraction of administrative procedure displays violation of pattern, step, order and time limitparticularly.The third part is the core of the thesis. The author compares the pattern of achieving liabilities of violating administrative procedure in our country with west countries and put forward the tentative plan to perfect the pattern of liabilities in our county. To perfect the pattern of achieving liabilities of violating administrative procedure, we should draw lessons from the set of west countries and fix different legal duties according to different situations and procedures. At the same time, we should found out some relevant persons' responsibilities and compensate for the loss that infraction of administrative procedure causes to administrative counter-persons.