Administrative Procedures Illegal And Legal Liability Of Judicial Cognizance

What is the illegal administrative procedures? This is the people’s court review in administrative procedure illegal case to first face problems. With the further development of theory and practice, administrative procedures illegal connotation also experienced a changing process."Administrative procedural law" at the beginning of the promulgated by the administrative procedure law, the provisions of article54of the influence, it is generally thought that the administrative procedure law is refers to the administrative organ "in contrary to the legal procedures", namely administrative organs to implement administrative behavior violates laws, rules and regulations way, form, procedures, procedures, time limit, etc. With the "due process of law" and the introduction of the paper, the connotation of the administrative procedure law also is in produce change, administrative procedure law not only refers to the administrative subject to implement administrative behavior violates the legal rules of procedure, also refers to the administrative subject to implement administrative behavior in violation of the principle of due process.Whether in violation of legal rules of procedure, or in violation of legal procedure principle, constitute a program illegal.[1] the so-called due process refers to the fair, justice and based on should follow the procedures, no matter whether the law have specific provision should be abide by, it is the administrative main body the exercise of administrative power minimum program requirements, many countries has become an important principle of judicial review.Legal liability is the legal relationship of main body violation of statutory obligations negativity evaluation, it is expressed through a variety of responsibility. Generally, the administrative procedure law legal liability including invalidation, cancellation, compensating, shall be ordered to perform their duties, confirm the illegal and administrative compensation form. In addition, the public personnel is also program illegal responsibility main body, also shall bear the corresponding legal liabilities. China’s administrative subject program illegal legal responsibility the main provisions in the administrative procedure law, the administrative reconsideration law, the law on administrative penalty and the administrative license law and other laws, regulations and rules in.The administrative procedure law and the legal responsibility the judicial recognition, is the people’s court in review administrative procedure in the process of illegal cases is an important task. Distinguish between program defects and procedures illegal to accurately know the legal responsibility, realize play administrative procedure law supervision and administrative authority administration according to law, protect the lawful rights and interests of the other party is very important function.This article from program illegal and legal responsibility concept, this paper discusses the different program illegal administrative act processing mode, and how to distinguish between program defects and procedures illegal, and finally determine its legal liability.