Trial Study Of Minor Violations Of Administrative Procedures

This article is mainly the trial study of the administrative referee cases which cited seventy-fourth articles of the first paragraph and second items as the basis of the judgment in December 31,2017 after the adoption of the administrative procedure law of 2014.In the macro statistics of the data and the microscopic analysis of the case,the standard of identification of minor illegal cases in administrative trial and the current domestic judicial trial are obtained.The distribution of the illegal form of the administrative procedure.And according to the results of the case study,we reflect on the shortcomings of the administrative procedure illegal trial and the new problems in our court after the administrative procedure law is issued,and draw on the advanced theories of foreign countries for the judicial trial of the minor illegal administrative procedure in our country.This article has six parts:The first part of the article is the introduction part,which first expounds the background of the topic and the purpose of the topic and the main research object.Secondly,it summarizes the relevant theoretical research on the minor illegal administrative procedures at home and abroad,briefly introduces the development status of the academic circle,and finally combs the structure of the whole article.The second part mainly expounds the thought of the judicial review of the administrative procedure,and the judicial trial of the illegal administrative procedure should first clear the court how to examine the related cases.In the process of examining the administrative act,the court generally first examines the legitimacy of the administrative act itself.At the end,the general administrative act of a case of minor violation of the procedure itself is a clear fact of the fact,and the application of the law is correct.After a basic judgment of the substantive legality of the administrative act,the court will judge the procedure of the administrative act.The first is the application of the rules of procedure,that is,the court finds that the administrative procedure is illegal,and the dispute about the normative document and the principle of the procedure is the greatest.Secondly,the examination of the illegal cases of the specific administrative procedure should be against the law.The three standards common in practice are whether it affects the outcome of the entity treatment,whether it violates the legislative purpose,or not,whether it has been effectively corrected.Finally,the relevant interests should be measured when the caseis examined,such as the trade-off between economic and administrative efficiency in practice.The third part is the core part of the paper.The article is mainly aimed at analyzing the whole case of the court administrative court of our country since the promulgation of the administrative procedure law in the seventy-fourth first paragraph and second items as the basis of the trial,and then the detailed interpretation of the cases from two angles,one is based on the administrative procedure.The illegal form of the law classifies the cases of minor administrative proceedings in accordance with the period of law,the way of law,the illegal steps and the violation of the law.In the analysis and statistics of a large number of cases,the trial preference in practice is roughly judged,and a representative case is selected from the classification of different illegal forms.The reason why the same illegal form leads to different judgments;two is whether the illegal administrative procedure has the influence on the classification of substantive legal interest,the substantive legal interest is also divided into individual legal interest and public legal benefit.When the illegal administrative procedure infringes on the personal legal interest and the public legal interest,the court will have different tendencies and through the analysis of a large number of cases.Make a corresponding judgment.The fourth part,combined with relevant cases,summarizes the existing or emerging problems in judicial practice after the promulgation of administrative procedure law.First of all,because of the disunity of the scale and the way of expression,there is often the phenomenon of the same case in judicial practice.Secondly,the legal tradition of "heavy entity,light procedure" has been still affecting the judicial practice for a long time,and the state of the administrative procedure is demonstrated separately from the administrative organs and the judiciary;and again,the new law has established a diversified processing mechanism on the trial standard.However,it is difficult for us to define the "minor violation" and "the actual impact of the plaintiff's rights".The fifth part mainly introduces the related theories of the foreign administrative procedure illegal examination,and combines the fourth parts to summarize the problems in the judicial trial in our country,and analyzes the improvement of the existing trial system in our country by using the relevant theories.There are the following aspects: unifying the scale and expression of the discretion,introducing the correction system of minor illegal administrative procedures,refining the gradient ofadministrative procedures and strengthening the construction of the feedback system of judicial advice.The sixth part is the conclusion,summarize the whole article,and briefly explain the process of writing the essay,and make an extended extension of the thesis's thesis.