Research Into Minor Illegality Of Administrative Procedures

The Administrative Procedure Law of 1990 provided that if a specific administrative act has violated legal procedure,the act shall be annulled or partially annulled by judgment.Such "one-size-fits-all" approach has been widely questioned in both theory and practice.Therefore,the Administrative Litigation Law of 2015 changed this rule.In addition to the"violation of statutory procedures" provision,the new "minor illegality of administrative procedures" provision is also stipulated in this law,and it shall be judged to confirm the illegality.As a new concept,it is not clear on connotation and identification of "minor illegality of administrative procedures" since there is no further provision.This article begins with the legal stipulation and judicial practice,and explores the essence of "minor illegality of administrative procedures".The paper is divided into five parts:The first part is a brief introduction about how "minor illegality of administrative procedures" get into the law.This part expounds the provision of "violation of statutory procedures" and the controversy over this proposition,reviews the process and significance of "minor illegality of administrative procedures" and analyzes the legal philosophy it contains.The second part is the boundary of "minor illegality of administrative procedures".This section compares and analyzes the links and differences between "minor illegality of administrative procedures" and the relevant concepts such as "procedural defect","redress of administrative procedures","violation of statutory procedures",and to determine the boundary of "minor illegality of administrative procedures".The third part is the determinant criteria of "minor illegality of administrative procedures".This part summarizes the several forms of“minor illegality of administrative procedures" in the current judicial practice.The two elements——"minor illegality of administrative procedures" and "no actual impact on the plaintiffs rights"——should be judged respectively.The fourth part is the type of the judicial application of "minor illegality of administrative procedures".This section takes into account the types of administrative acts and the rights of the administrative counterparts that it affects,the judicial application will be different for different situations.The fifth part is the legal consequences of "minor illegality of administrative procedures".This part puts forward two suggestions,one is to learn from the foreign system of healing to perfect modes of administrative judgment of our country,the other is to strengthen the reasoning of "minor illegality of administrative procedures" in judgement documents.