The Concept Research On "Violation Of Legal Procedure"

The second provision's third order of Article 54 in Administrative Procedure Law of the People's Republic China regulates thant, if a specific administrative act has violaed the legal procedure, a people's court shall annull it. However, as for how to define"violation of legal procedure"of specific administrative actions and how many types it includes, relevant law don't make further explanation, the administrative law circle has not reached consensus either. So, it's very valuable to accurately analysis the intension and extension of"violation of statutory procedure", for both our country's judicial practice and administrative legal theoretical research.This thesis firstly summarized the theoretical view on"violation of legal procedure", then mainly analyzed the judges'decision of"violation of legal procedure"in connection cases, and finally compared and analyzed the differences between judges'and scholars'recognition of"violation of legal procedure", with the hope to have more accurate undestangding on this legal concept.Through research, the author found that: (1) The court defined the content of"violation of legal procedure"can be summarized the conversion of the five areas as method illegality, omission of step, order illegality, time illegality and due process principle violation. (2)"violation of legal procedure"is very complex in trial practice, there are many case in which one specific administrative act violaed multiple legal procedure. (3) Not only laws, rules and regulations, but also the principle of due procedure are all sources of"violation of legal procedure"in court cases. (4) In addion, during the case collection the author finds out that, as one of the criteria, the"violation of legal procedure"does not play a deserved role to some extent.