Administrative Procedures Of The Administrative Body Of The Illegal Responsibility

This thesis, centering on the administrative organ's liabilities of violating administrative procedure, is divided into three parts with thirty-one thousand words or so.Part one: brief account of administrative organ's liabilities of violating administrative procedure. The administrative organ's liabilities of violating administrative procedure are the important and difficult point of liabilities system of violating administrative procedure. It's studied from confirming its position in administrative procedure law: 1. the conception of liabilities of violating administrative procedure; 2. the realization form of liabilities of violating administrative procedure; 3. the administrative organ's liabilities of violating administrative procedure in our country.In order to confirm the liabilities of violating administrative procedure's conception, the first is to analyze the liabilities of violating administrative conception, the second is to analyze the relationship between the liabilities of violating administrative and the liabilities of violating administrative procedure, with a conclusion that they are the general and special relationship and to define the conception should make it coincide with the liabilities of violating administrative conception in the premise of its personality, then through the analysis we know that the liabilities of violating administrative procedure is the compensation and penalty caused by the administrative organ, their servant and relative person's violating the administrative procedure law relationship. According to kinds of standards, this thesis hold a view that we should build a tight liabilities system of violating administrative procedure from the compensation to the penalty, from the administrative organ, their servant to the relative person. And take the administrative organ' s liabilities as the major point. But in our country' s real life, it' s still short of definite, feasible, pertinence liabilities and condition. Our administrative law researcher have studied this and their discussion focus on two points: firstly, what liabilities should be set to administrative organ' s administrative procedure law violating and what conditions should be set; secondly, could we do the same administrative behaviors when the unlawful administrative behaviors was cancelled for violating procedure law.Part two: the comparison from several countries' administrative organ liabilities of violating administrative procedure. According to the two points, this thesis investigates several country' s conditions and get a primary conclusion: Firstly, though different countries have different severe degrees to administrative unlawful behaviors, they all balance the strictly observing law with the public benefit; secondly, to balance justice with efficiency, public benefit with personality benefit, they use methods of setting different liabilities and defining procedure law, violating administrative procedure law which is the precondition; thirdly, the condition of liabilities have close relationship with their representative benefit; fourthly, could we do the same administrative behaviors when the unlawful administrative behaviors was cancelled, that is not only connected with beneficial balance, but also connected with other liabilities.Part three: building the administrative organ' s liabilities system of violating administrative procedure. Through analysis, this thesis hold that it should build the liabilities system concerning on the administrative procedure law purpose. So, it gets the conclusion: to realize the administrative organ' s liabilities, we should adopt a liability system composed of validity and other liability forms on the basis of legislative value.