The Theory Of Violation Of Legal Procedure Of Judicial Review

Administrative procedure is a process of administrative power operation. Onthe judicial review of violation of legal procedure is the need of judicial supervisionof administrative power and the demand of modern rule of law. In the process ofmodern development of the rule of law, procedural and substantive always bementioned in the same breath, but former is thought to be the affiliated entity. The valueof the procedure was understood to service substantive justice. The modern legalresearch shows the legal procedure is not just a tool of legal entity. The legal processhas its own unique value. The procedure justice shaped the mode of the modernnational administrative power. Therefore, the illegal administrative procedure forjudicial review is particularly important. In this paper, the first chapter, from theperspective of the concept, the paper expounds the concept, classification andsignificance of the administrative procedure, the concept of violation of legalprocedures. Then, this paper discusses the forms of expression of administrativeprocedure law and in violation of legal procedure of all sorts of relief way. Afterdefining the specific concept, this article will discuss the judicial review in violationof legal procedure, emphatically discusses the judicial review of what is theprocedure illegal, what is the meaning of it. The second chapter focuses on analysisof violation of legal procedure of judicial review in China’s present legislation andjudicial status quo. The situation shows that the shortage of the current procedurelegislation has seriously affected the practice of judicial review. Then, the thirdchapter will introduce several main countries and regions of the two legal systemsabout the concept of violation of legal procedures, standards and methods, andsummarizes their advanced experience. Combining with the development of China’scurrent administrative procedure law the reality of relatively backward, the fourthchapter puts forward two suggestions: one is the introduction of due process in ourcountry law of judicial review standard, construct validity and legitimacy of the dualjudicial review standard, in order to improve our procedure of judicial review system, expanding the scope of the review; The second is to perfect the referee system ofjudicial review on violation of legal procedure, build a clear system of the refereeway.