Analysis On Administrative Litigation Law Of "LiHui V. Tobacco Monopoly Organ Case"

The procedure justice means that the target and content of the Constitutionalism and legal system are their security. it is the social environmental factor that cultivate and formate the social governance innovation mechanism. Thus,today when we advocate to construct a legal society and the rule of law, we have to pay more attention to the importance of procedural justice.There are many problems in practice. Violation of the justice of the administrative procedure is often seen. So it plays extremely important role to regulate the illegal procedural and overstepping the authority in practice.In the administrative lawsuit which between LiHui and tobacco monopolist , mainly involves to two issues: first, the administrative procedure law, tobacco monopoly authorities shall implement administrative punishments shao, materially fails to reveal the chance of statements and arguments, and the legal document in the flaws in the punishment procedures; lack of steps on Second, beyond its authority, and tobacco monopoly authority in the implementation of administrative punishments, spanned check into spanned punishment, existence surpasses authority, also is the entity overstepping authority. And the above two problems, it is also the tobacco monopoly organ and the focus of dispute, reveal the first-instance court and the second instance court also are all different, and that made a different decision. Therefore, in the current our country administrative organs to implement administrative act, the administrative organ only considered entity, and ignores the program, for legal documents and administrative steps of the complete did not give enough attention. But at the same time in the administrative lawsuit, court for administrative organs of the administrative action is illegal, is that most entity content is illegal, ignore the administrative processes and procedures. In this case, the court said that the tobacco monopoly authority for the fact that clear, the penalty is appropriate, made a tobacco monopoly authority administrative act of the valid decision, visible, pay more attention to the first-instance court in tobacco monopoly authority administrative penalty is legal entity content, and ignore the tobacco monopoly authority to implement administrative punishments for administrative procedures of the content is legal. The court said that the trial of the tobacco monopoly authority in implementing administrative punishments, there is the administrative procedure, and illegal, beyond powers to revoke the first-instance court ruling and revocation of tobacco monopoly organ of the penalty decision. And the author also more identity the trial of the court's decision. And for the above problems in the analysis of the deeper, we will find that lead to the above problems because: first, our country has no unified administrative procedural law of a complete; Second, the administrative organs and judicial authority has always in a \"heavy entity, light program\" the idea, has not given administrative legal procedure enough attention; Third, the administrative authority the concept of legal system is not enough, either ignorance or not, according to law. And according to these reasons, we can find out solution: complete administrative procedure legislation, enhancing administrative organs propaganda and education legal system, change \"heavy entity, light program\" concept.This paper will reveal the tobacco monopoly authority in defense of administrative litigation, through a case for its point of involved in the case of law problems is analyzed, and the administrative procedures for illegal and beyond authority executive action deep analysis and discussion. In order to the judicial practice in the future work beneficial.