Probe Into Illegal Administration

The present study examines "illegal administration" and its relevant issues from the following respects: first, the author defines the concept of "illegal administration" so as to distinguish it from the concept of "administrative illegality" and therefore the necessity of establishing the concept of "illegal administration" is exposed; then, the author analyzes the basic features and the requisites to "illegal administration"; then he probes into the different patterns of "illegal administration", which concerns legislative formulations expressed by the different provisions of some representative countries in the world; furthermore, he focuses on the legislative issues and theoretical disputes on different patterns of "illegal administration" expressed according to Chinese provisions such as judgment based on illegal facts, application of laws wrongfully, action in excess of authority, abuse of administrative rights, dereliction of liability, procedural illegality, administrative infringement, explicitly unlawful administration etc., also including a comparative study of some different patterns of "illegal administration"; after having presented the meanings and features of "illegal administration", finally, the author inquires into the legal liabilities of "illegal administration", emphasizing its unconstitutional liabilities, criminal liabilities, and especially administrative liabilities so as to consummate Chinese legal liability system of "illegal administration".