Research On The Illegality Of Administrative Procedures In China's Administrative Organs

Our country is in the period of social transformation,the rights of citizens are increasingly strong,people are more and more concerned about the fairness of administrative procedures.However,at present in the activities and practice of administrative management in China,the relative administrative procedural rights are often ignored,It is often seen.illegal administrative procedure,is exposed to pursue the issue of legal liability of the illegal administrative procedure.While many western countries and regions have established relatively perfect administrative procedure law or administrative procedure,great achievements are made in the investigation of the liability of the illegal administrative procedure,legislation of administrative procedure law in our country at present has been put on the agenda,the administrative procedure law has become the focus of the current research field of administrative law in the legal liability of the illegal administrative procedure as an important part of them should also cannot be ignored.But the study on administrative procedure law theory in China is still relatively late,liability for illegal procedure has not received enough attention,coupled with China is still not a complete administrative procedural law,resulting in China's administrative procedure illegal responsibility mechanism is easy to form,in our country,to continue to improve the system of the administrative procedure law responsibility and supporting system is imperative,this paper draws on existing research results and actual cases,and combining the existing administrative management activities,analysis of the legal liability of the illegal administrative procedure has important significance.This paper mainly applies the method of text analysis and case study,combined with the judicial practice cases in our country,and from the objective conditions of our country,after fully reflecting,it gives some suggestions on how to set up the effective and reasonable administrative procedure illegal liability mechanism.This paper is divided into five parts,the introduction part mainly expounds the research background,research significance and research methods.The second chapter elaborates on Kong Qingfeng et al.V.Surabaya county government and the housing levy case involving illegal administrative procedure,on the basis of the theory,in accordance with the current related legislation content,analysis of the defendant made the housing levy compensation and decide whether or not to meet the requirements of the administrative law enforcement problems.The third chapter analyzes the related problems of administrative procedure violation in this case.The fourth chapter makes a systematic analysis and summary of the shortcomings of the current administrative procedure law in China,and puts forward some relevant suggestions.The fifth chapter is the author's thinking on the legal responsibility of illegal administrative procedure in China,and puts forward constructive suggestions for the construction and improvement of the legal system.So,in order to improve our administrative procedure law,we need to increase the "due process" clause in the constitution,perfect the legislative authorization,clear the legal responsibility of administrative illegality,realize the diversity of forms,and establish the legal responsibility and supervision mechanism of procedural violations of state organs staff.