On Legal Relief For Abministrative Subject Breaching The Procedure Law In Concrete Abministrative Practices

This paper is consisted of four parts. The first part, as the base of argumentation, is about the basic theory related, illustrating the significance of procedure value and concrete administrative behaviors which breach the procedure law. The second part illustrates the current legislation situation in China and the legal relief in case that the administrative subject breach the procedure law in concrete administrative practices. At present, the stipulations on legal relief for such behaviors mainly separated in various administrative specifications, however, there are specific stipulations on legal relief in administrative practice in China, which reflects the importance attached on the administrative procedure. The second part introduced to the abroad advanced experience and deficiency on administrative remedy for breaching the procedure law by taking examples from the typical countries of Anglo-American law system and Continental Legal System. Complete and sound legal relief systems have been established in some advanced countries and regions for breaching the administrative procedure law. The establishment of these systems plays important role in effective investigation of breaching law and avoiding breaching the procedure law. Therefore, it is essential to study and borrow the experience of the foreign countries in legal relief mechanism for breaching the administrative procedure law. The fourth part discusses the construction of legal relief system in China for administrative subject breaching the procedure law. The relief approaches, conditions, scopes and forms in different situations are also analyzed in this part. Currently, the legal relief for breaching the procedure law includes: affirming the void and null of certain administrative practice, cancellation of the wrongdoing administrative practice, Supplementing and correcting, compulsive fulfillment, affirming breaching the law and administrative compensation and transferring, etc. Certainly, the current legislation is far from perfect and there is still many improvements need be done in the completeness of legal relief system and the full protection for Administrative relative person. As a result, the writer of this thesis proposes some suggestions for the further improvement of legal relief system for the administrative subject breaching the procedure law.