The Legal Liability Theory Of Administrative Procedure Law

"Illegal procedure need to be held liable," this issue was the focus of legal scholars hot, with the improvement and development of legal theory and practice, the value of the program has been widely recognized by scholars, administrative procedures for the rule of law development process importance is also more socially accepted by people. Although our country legislation of administrative procedure time late, but with the progress of the society, the development of economy, the progress of the administrative procedure legislation of our country is obvious to all. And now, with the "provisions on administrative procedure of hunan province", shandong, jiangsu, ningxia autonomous region and other provinces and regions also have reported the local administrative procedure law, "decision" the fourth plenary session of the 18 proposed "improve the system of administrative organization and the administrative procedure law", "administrative procedural law" to speed up the legislative progress. But we should also see that the limitations of local legislation is also obvious, such as the force of law in the lowest status, effectiveness is limited, a large number of need from the content of the legal norms cannot be reflected, and so on. Overall, our country existing legal provisions on the administrative procedure law responsibility and less diversified, a small amount of the legal norms interoperability is not strong, integrate with the complicated practice, lack of flexibility. Administrative procedure law system not perfect and the lack of theoretical research, make the administrative behavior of administrative subject lack of regulation, the personal interests of the citizens can not guarantee, the serious influence power sector image among the masses, influence the development of administrative law process.In the first part of the discussion of basic theory, the author from many aspects, such as concept, determination and responsibility form of administrative procedure law. The second part mainly discuss outside the main countries and regions in the administrative procedure law responsibility cognizance of statutory regulation, and gain enlightenment, to better absorb overseas mechanism of administrative procedure law responsibility. The third part mainly from the current for the administrative procedure law responsibility cognizance of typical parts of laws and regulations are analyzed, and pointed out that the author thinks that there are defects. The fourth part is for the above defects, the author attempts to put forward to improve vision. With the advancement of administrative procedure legislation, to enhance people program idea, which requires the responsibility of administrative procedure law should make scientific setting, and effectively implement the law practice, to protect the lawful rights and interests of the public and private, to ensure the effective supervision of administrative power, promote the administrative legal system, to realize the value of the administrative procedure law has very important significance. To this end, the author will take in the administrative procedures illegal responsibility to explore long fill yourself short, to comb summary, in order to clarify ideas, raise awareness, hope to be able to slightly do contribute for the legislation of administrative procedure in China...