The Administration Of Justice To Illegal Administrative Procedures

To better explore the way people’s court judges with regard to illegal administrative procedures, this study, through the theoretical analysis and case collection & analysis, mainly deals with three aspects:the theory of illegal administrative procedures and existing methods of justice, the impact on the administration of justice of the category of illegal administrative procedures and the reform and improvement of the administration of justice for illegal administrative procedures. The study finds the main problems:the theory and practice departments of administrative procedure have different perceptions on "illegal"; judgments vary due to judicial confusion; identification of administrative flaws is confused; the plaintiffs appeal can not get a response; the new "administrative proceedings Law "still needs improving, for some of its provisions may also be abused, and so on.The main conclusions of this research are as follows. Firstly, the scope of the "law" of the administrative procedure law, including laws, regulations, autonomous regulations and separate regulations, rules, principles of due process and the general normative documents. Secondly, the research on the type of illegal administrative procedures will better the administration of justice. Illegal administrative procedures can be divided into abstract administrative act in violation of procedure and the specific administrative act in violation of procedure, external and internal illegal administrative procedures, guiding and mandatory administrative procedures, custodial and discretionary illegal administrative procedures and so on. Thirdly, the old "Administrative Procedure Law" only specifies one case of illegal administrative procedures requiring cassation, out of line with the development of social maladjustment. The new "Administrative Procedure Law" increases the confirmation of illegal sentence, but still can not meet the need, confirmed invalid judgment should be increased. Fourth, it is not appropriate for the court to identify administrative procedures defects. Fifth, independent administration of justice is the best solution is to improve illegal administrative procedures.