The Legal Consequences Of Illegal Administrative Acts And Procedures Analysis

Enters for the 21st century, lives socialized along with the humanity, the various countries government apparatus undertook more and more and more administrative function. The administrative organ has been entrusted with the more executive management responsibility, for establishing the democracy, lawful, highly effective administrative organ, is becoming each democratic government's goal. In this process, the administrative law is more and more important in society function.The primary content of administrative law is about the study of whether the administrative action is legal or not. Violating administrative procedure is mostly the representation of the violating administrative action; therefore, as the key of studying violating administrative procedure, legal consequence is becoming the focus and the difficulty about the law of administrative procedure.The administrative procedure's basic policy is how to design a kind of system to reduce the administrative organ bureaucrat arbitrary act simultaneously maintains the administrative organ to carry on the flexibility which the effective activity needs. Therefore, the administrative procedure most main effect is to protect the civil rights and the safeguard administrative efficiency. In order to realize these two kind of effects, the administrative procedure must have own independent value, besides serving for the entity tool value .Administrative procedure has independent value is theory basis of the violating administrative action therefore causes the corresponding legal consequence.The key point of limiting administrative procedure illegal connotation is determined the extension of "law" in this concept, here "the law" must include the legal procedure rule and the right procedure principle, the legal procedure rule is the manifestation of procedure , while the procedure principle is the procedure just essence request.The legal consequence of violating administrative procedure first displays for the potency of the illegal administrative action, next displays for the legal liability of the administrative main body to undertake. The legal consequence and the legal liability are two correlations but the different concept, should not equate it or jumble together.The administrative action violates the procedure, possibly causes behavior itself invalid, to be abolish, effective after supplements and corrects etc., Related legislation of our country in the procedure appears relatively rough. The urgent thing is deriving the overseas advanced legislative experience to improve it. The administrative main body undertakes the illegal administration legal liability is another kind of law consequence of violating administrative procedure , compares with the administrative action potency, our country theory takes more regarding, theory achievement is also richer, but connected legislates is actually simpler. It causes the large of illegal phenomenon occurrence in the administrative law enforcement because of the responsibility unparticular.The legislation flaw causes there is no accordance to investigate the corresponding illegal administrative act .The idea change is a long process, but the system may through devote to consummate by legal administrative government and all legal person's joint effort. Moreover, the perfection of the system of the administrative procedure responsibility can powerful promote the formation of the people's idea of procedure in particular.Based on the other's studying fruit and foregoing analyses, I want to discuss the theoretic dispute, actuality and shortage about legal consequence of violating administrative procedure which combined with the matter of course of executing the law and judgment practice in our country. At the same time, I try to present some suggestion of how to perfect our country's law about the legal consequence of violating administrative procedure, and expect which will benefit for our legal administrate.