Research On Legal Consequences Of Violating Administrative Procedures

In studying and system of administrative law, it is a valuable issue to research that which conception to choose between "violation of statutory procedures" and "violation of administrative procedures". Although the conception "violation of statutory procedures" has been adopted by article 54th of Administrative Procedure Law, it is uncertain that if the procedures which are violated by administrative action in practice is statutory procedures. The question what is the meaning of statutory procedure has changed into what is the scope of it, and the scope has been extended wider and wider, from administrative regulations to rules, even tend to some rules effecting inside. That results from misunderstanding conceptions and relation of statutory procedures, due process, and administrative procedures. Because the defect of statutory procedures is obvious and invariable, the scope is required to extend by realistic force, which is the precondition of developing of due process. Due process includes two parts:legalization and de-legalization, part of legalization intersect with statutory procedures; the other part extends the meaning of statutory procedures by its openness and rational. They intersect each other. Administrative procedures do not restrain the formation of statutory procedure, meanwhile, contains the meaning of due process. To some extent, violation of statutory procedures should be replaced by violation of administrative procedures.Administrative action is the center of conventional administrative law, so that, consequences in validity of action has been paid more attention in relative research. However, according to the legal relationship of administration, consequences are more than that, including not only in action but also in administrative bodies. Violation of administrative procedures may result in failing to be an action before it is build. Violation of serious and obvious procedure may result in invalidity of action. Violation of middle procedure or bringing actual impact may result in quashing of action. In special situation, considering other factors such as efficiency, cost, and public interest, action need to be estimated in illegality, keeping its validity. In addition, there is little doubt that violation of administrative procedures will influence bodies of administrative law. According to the relationship between procedure and concrete rights, procedural rights are not independent. Sometimes influence in concrete rights occurs with procedural impact. Agency also should compensate the injured parties for illegal action. The executor, who violates administrative procedure directly, needs to take the responsibility in Civil Law, Criminal Law, and Administrative Law.Consequences of non-compliance administrative procedures include two aspects. On one hand, illegal action needs to estimate negatively in ways of action failing to build, invalidity, quashing, and illegality. On the other hand, that is influence to bodies of administrative law. In addition, illegal procedures should not be ignored, how to cure it is an important issue in studying and system of administrative law. Considering factors of efficiency, cost and public interest, in special situation, illegal procedure can be remedied in the ways of curing, re-acting, and making judicial advice, and for injuries in concrete rights, violation of administrative procedures bringing, should be remedied not only by compensation but also taking other positive measures.