Research On The Legal Liability System Of Illegal Administrative Procedure

The landmark development of the cause of rule of law in our country,when the landmark event was written into the third Amendment of the Constitution in 1999,which means that our government has established the general plan of governing the country from the height of the constitution and has the guidance of the direction of governing the country according to law.The government of our country put forward the slogan of administration by law at the right time to promote the construction of the rule of law to a new height.In the environment of rapid economic development brought by the reform and opening up,the government's functions have been reformed and adjusted greatly,and accordingly,in the field of administrative law,it has been formulated one after another.Security Administration punishment Law,Administrative license Law,Administrative penalty Law,Administrative compulsory Law,etc.The introduction of these laws puts forward more stringent requirements for the legality of the procedures to be followed by administrative subjects in our country.As an important law restricting administrative power,the "Administrative procedure Law" has always been absent.Today we pay more and more attention to procedural justice,administrative law enforcement is the most common behavior in our daily life,we can not ignore the important position of the legal responsibility of illegal administrative procedure in the construction of the rule of law.The system of legal liability for illegal administrative procedures has been preliminarily established,but the corresponding legal level is low,the authority is not enough,the legal provisions are also lacking in unity,and the procedural provisions that should be refined are too abstract,Lack of maneuverability.In order to set up the legal liability mechanism of the administrative subject after violating the procedure as soon as possible,the procedure of investigating the procedure for violating the law should be clearly defined and standardized,and the judicial practice should be improved.The possibility of investigating its responsibility in practice,at this time a complete law isimminent.By defining the form of responsibility after the procedure of the administrative subject violates the law and the subject who has the right to pursue the responsibility,the procedure of pursuing the responsibility is explained.To formulate,as soon as possible,a highly operational "Administrative procedure Law",with a special chapter on the legal liability for illegal administrative procedures,to provide institutional protection for it,and to standardize the relevant provisions on the legal liability for illegal administrative degree in our country day by day.Finally,promote the sound development of the cause of rule of law in our country.This paper is divided into four parts:In the first part,the author explains the basic concept,explains and defines the meaning and content of the legal liability of the illegal administrative procedure,classifies and arranges the legal liability of the illegal procedure,and expounds the necessity of clarifying this content.The second part,the current situation of illegal legal liability of administrative procedure in our country.This part is mainly divided into two parts: one is to introduce the provisions of the current legislation of our country on the legal liability of administrative procedure.The second is to explain what problems exist in the regulation of illegal legal liability of administrative procedure in our country at the present stage.The third part,the study and reference of the system of "illegal legal liability of administrative procedure" abroad.Through the introduction,this paper analyzes the legal liability system of administrative procedure violation of administrative procedure in four countries: Britain,America,Germany and Japan.It is hoped that we can find some useful experience in its system to solve the dilemma of illegal legal liability of administrative procedure in our country.The fourth part,consummates the administrative procedure illegal legal liability construction.This part mainly according to the second part raises the question carries on the consummation,This paper puts forward its own solution to the predicament existing in the present stage,and explains the feasibility of the formulation of the Administrative procedure Law and the content of the illegal legal liability of the administrative procedure.