Litigation Consequences Of Illegal Administrative Procedures

The specific administrative actions should be withdrawn under the valid administrative litigation law of PRC if the law enforcement officials break the administrative procedure. However, because of the different rights of the procedures concerned and the different affections of the procedures, the administrative actions should be treated differently under the litigation law if the law enforcement officials break the administrative procedure. In the first chapter, this article defines the administrative procedure and analyzes its functions simply. In the second chapter, this article analyzes that the administrative procedures are different in importance to administrative action since the rights they concerned and the affections of them are different. In the third chapter, this article analyzes the disadvantages of withdrawing all the specific administrative actions whose administrative procedure was broken by the law enforcement officials. The forth chapter analyzes one of the specific administrative actions-administrative penalty in detail. It analyzes the differences of the administrative procedures and then points out the different ways to deal with the specific administrative actions whose administrative procedures were broken after introducing several typical countries'way to deal with this problem and the opinions of some Chinese scholars on this problem.