Defects Of Administrative Procedure

Modern administrative procedural law of administrative law theory produced is the important symbol, it mature people realized the program independent value, procedures are no longer just as substantive rights, obligations or legal relationship to the substantial contents of the forms and means and exist, procedural rules and entity rules of the administrative subject as must be strictly observed. The administrative procedures for existence flaw of administrative behavior, become legal consequences of theory and practice for a point of contention. Lay outside the legal system construction and practical experience in this aspect has make a valuable exploration.Based on the concept of administrative procedure blemish, according to the severity of the administrative procedure flaws and combining program elements will forms of expression of administrative procedure blemish for word flaws, summarized flaws, steps flaws, way such order defects and deadline blemish categories. The countries and areas of the world, especially the administrative procedural law more perfect, developed countries and regions have established a comparatively perfect all the administrative procedure law, these defects in the establishment of legal provisions shall be investigated for effective, avoid existence flaw behavior program administrative procedure blemish behavior plays a very important role happened. Therefore, it is necessary to study and use for reference foreign administrative procedure law. The relevant provisions of the flaws Foreign laws related to administrative procedures, the establishment of flaws shows great flexibility, specific reflected in two aspects: (1) the diversity of the legal consequences; (2) the distinguish different procedures bear different legal consequences.The author in the investigation of administrative procedure blemish foreign legal consequences on the basis of relevant provisions, referring to the research of Chinese scholars, analysis of this problem perfect.this from the provisions of administrative procedure based on defects in administrative act invalid, cancellation, rectification shall be ordered to perform their duties, four aspects discusses our country legal consequences of administrative procedure blemish that mechanism. Then administrative subject and its personnel from two aspects analyzes the responsibility of administrative procedure flaws in existing theories, summarizes the basis of administrative procedure blemish four relief way, namely the administrative organ self remedy, administrative review, administrative litigation and relative person's self-help.