Font Size: a A A

On The Illegal Administrative Procedure From The Perspective Of Due Process

Posted on:2015-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y HouFull Text:PDF
GTID:2176330422972984Subject:Administrative law
Abstract/Summary:PDF Full Text Request
Along with the development of legal theory and social practice, the definition of“violating administrative procedure” and its content has been expanding andimproving. Administrative Procedure Law was implemented in1990, in which the actthat administrative organs violate legal procedures is defined as ‘violatingadministrative procedure’. To be more specific, it means when administrative organsexercise their functions, they violate related laws in terms of form, time limit,procedure, etc. However, the Administrative Procedure Law has been proved notperfect during the process of exercise. In comparison, the related law in advancedcountries is more developed. Such being the case, as “justified law procedure” hasbeen introduced into China; the definition of “violating administrative procedure” ischanging as well. This kind of illegal act, on the one hand, refers to not following thelegal procedure when administrative organs exercise their power; and on the otherhand, means they violate the justified principles of procedure. Due to this reason, adiscussion about the principle of justified procedure is of great necessity as it isimportant in researching the related law and also would make contribution to realizethe policy of running state affairs according to law and law-based administration.In this study, the researcher will divide the whole paper into four chapters to discussprinciples of justified procedure and illegal acts violating administrative procedure. Tobegin with, the researcher mainly defines the procedure of administration and illegalacts violating administrative procedure. The “procedure of administration” suggeststhe procedure that administrative organs should obey when exercising their power,while “legal procedure” refers to the specific rules in documents of principles or rules.Based on the two concepts mentioned above,“violating administrative procedure”will be introduced. The second chapter is the focus of this paper. The researchermakes a statement that the acts of violating the procedure of administration and legalprocedure should be regarded as violating the administrative procedure, which isbased on the practical situation and the practice of law. The theoretical and practicalvalue is demonstrated in this chapter. The last chapter puts forward the researcher’sopinions and conceptions about the principle of violating justified procedure.
Keywords/Search Tags:Administrative proceedings, Principle of due process, Feasibility, Consummate
PDF Full Text Request
Related items