Administrative Procedure Illegal Legal Responsibility

As open and reform,the procedural consciousness gradually has been restored in our country, not only in theory but also in practice. Upsurge of research procedure surges wave upon wave. Under such background, the research of administrative procedure has passed 20years under promotion by endeavors of law scholars. Some scholars divide this period in three parts: obscure, disputing, Unified action. Some academics expect Chinese earliest"Administrative Procedural law"was published in 2010. In fact, China has missed the international climax of enacting the Administrative Procedure Act. Chinese Administrative Procedure Law has not yet to emerge. To regulate the action of the government through official administrative procedures has special significance to prevent the abuse of administrative power and to ensure the achievement of the administrative purposes and the protection of the freedoms and rights of people.At present, Chinese unified administrative procedure code is absent yet; scholars on administrative procedures have not yet to reach agreement in conception of administrative procedures. There are two main representative views. The author believes: administrative procedures are the main administrative act which must to be followed: way, steps, order and time. Illegal administrative procedure is an aggregation of illegal administrative procedure of the administrative body. Administrative procedures regulating mainly refers to the Code of Administrative Procedure Law and other administrative laws and regulations. For instance, the Administrative Punishment Law, the Administrative Reconsideration and the Administrative Procedural Law have the relevant provisions of the administrative procedures.Administrative subjects do administrative acts, not only abiding by substantive law, but also procedural law. Although administrative act abide sine qua nons of substantive law, and meanwhile break administrative procedure, these acts would be regarded illegal and lead to disadvantageous consequences. In a sense, administration by law is administration by administrative law. In practice, administrative subjects'failures in administrative cases are usually caused by ideas"emphasizing on substantive law and underestimating procedural law". In the background the country is"ruled by law"and under guidance of 11th five-year-program based on humanist ideas, we should construct a unique value system of administrative procedure, establish right-based ideas and strengthen protection of rights of our citizen's. In some parts of the dissertation, the author makes a comparative study in administrative procedures and criminal procedures, for example, Miranda rules, and put forward a question"can we learn something for its legislative spirits".Violation of procedures is also a kind of illegal conducts and leads to disadvantageous consequences for which our country's administrative laws have made provisions. In 3rd article of administrative penalties law,"If there is no provision or the administrative act does not abbey the relative rules, the penalty is invalid", in 28th of Administrative Reconsideration ,"if a specific administrative act has been undertaken in one of the following circumstances, the act shall be annulled, altered, or confirmed as illegal by decision; if the specific administrative act is altered, or confirmed as illegal by decision, the applied may be ordered to undertake a specific administrative act anew within a fixed time", in 54th of administrative procedural law, if concrete administrative acts break legal procedure, the decision can be cancelled or cancelled in part, or decide the court to make a new decision, but the rules above is such abstract that it is too difficult to use. According to contemporary laws of our country, and some abroad experience, the author thinks, legal consequences of violation of administrative procedure are three kinds: invalidity, reversibility, and correction.