The Research Of Administrative Procedures Illegal And Regulation

With the development of society, executive power extends to other areas, penetrating into all areas of social life, along with the expansion of executive power, coupled with the tradition of light procedure, administrative body inevitably violates administrative procedures, violating the legitimate rights and interests of administrative counterpart, since the state law lacks the regulation of the administrative procedure law legislation and administrative procedures for the corresponding system of legal liability system,making the violations of administrative procedure are quite common, the administrative counterpart of the legitimate Sometimes lack of the appropriate relief.The issue of administrative procedure law is not a new problem, but in the age of the expansion of executive power,and administrative procedure law widespread, discussing these issues has some practical significance. Currently, the violations of the legitimate interests of the administrative counterpart are still occuring from time to time, the prevalence of administrative violations, such as demolition, edetc.,in these circumstances occurred, how to regulate the administrative procedures against the law? We can not do the efforts in a link, we should regulated it in the whole process. This paper selected a more typical case of violations of administrative procedures in order to get some inspiration.This article is divided into three parts to analyze the administrative procedure law, this paper as a case mainly focus on the analysis of the selected case, the analysis of the case based on the basic theory of administrative procedure law issues, real world Problems and how to improve the regulatory mechanism of administrative procedure law.The first part is mainly analyzing the merits of the selected case, "Wang Zefu v. Fuling District Family Planning Commission, the administrative licensing law case, "leading to the main body of this article-analysis of the administrative procedure law and regulation.The second part is mainly analyze the theory and practical problems of the violation of administrative procedure reflected in this case, including the theory of the basic concepts of administrative procedure law, the specific form of expression. Reality of entities mainly includes the view of the tradition of light procedure, the lack of administrative procedure legislation, administrative system of the main responsibilities of the social supervision mechanism is not perfect ect,Described it from these aspects. The third part is a key part of this paper,it mainly introduces how to regulate the administrative procedures law discussed. In this part ,the author intends to perfect the Administrative Procedure Act, and improve administrative procedures in the process of monitoring system, how to improve administrative procedures for law enforcement and improve the administrative procedure law awareness of the legal aspects of accountability.In the future,I hope the course of China's legal can develop a perfect mechanism for regulation violated the law and in practice,it can receive the implementation of universal.