Standard For Administrative Procedure Violating Law And Processing

Through the review and rectification of the 317 administrative judgments after the revision of Administrative Procedure Law,it confirms that there are different trial levels in judicial practice in our country,and the courts in different regions have found and handled inconsistently the same illegal administrative act in the same case or similar cases Problem.The existence of this problem lasted for a long time,mainly due to the chaotic review of the judicial review of the existing procedural illegal administrative acts,and the existing standards mixed the standard of procedural violations and the standard of procedural violations with one another.procedural violations of law and handling vary from place to place,the phenomenon must first sort out the judiciary's overall logic when handling procedural illegal administrative acts,review the procedures involved.First of all,It needs to determine whether the program belongs to a category that is in violation of statutory procedures,followed by the need to determine the extent of their violations and make corresponding treatment on this basis.According to this logic requirement,uniform the standards of unlawful identification of administrative procedures and the standard of handle unlawful procedure.According to the "legally strict compliance with the criteria for establishing a culture of procedure" and "whether the violation of the basic standards of administrative procedures" to determine the legality of administrative procedures and the extent of the violation of law,and then consider the"procedural minor violations and the plaintiffs right does not have a real impact" Whether the revocation affects the public interest or not and Whether there is no need to revoke the case,and so on.It clarifies the handling methods corresponding to the procedural illegal administrative acts under different recognitions and unifies the judicial determination and handling methods of the procedural illegal administrative acts.