Research On The Illegal Administrative Procedure And Its Legal Responsibility

The increasing degree of the rule of law in our country and the development of the rule of law require the protection of various systems.Because of the lack of an independent administrative procedure law in the administrative law system,it is difficult to effectively deal with the illegal administrative procedure problem in practice,and the illegal procedure responsibility is more difficult to be investigated.The introduction of the Administrative Procedure Code is an important part of the current administrative law system,which will help promote the development of the country's rule of law to a higher level.The study of the illegality of administrative procedures and their legal liability system are both based on the administrative procedure system.The due administrative procedure is a statutory and legal procedure for the operation of the procedure.Once the administrative subject fails to perform the power according to the requirements of the due administrative procedure,he or she may be liable for administrative procedures that violate the law.This is the intrinsic logic of this article.The reasons for the illegality of administrative procedures mainly include the traditional ideological concepts of " heavy entities,light process ",the imperfect legislation of administrative procedures,the imperfect responsibility system of administrative subjects,and the imperfect supervision mechanism.The problems in the system of legal liability for administrative procedure violations are mainly manifested in the fact that the provisions of the legal liability for violation of administrative procedures have defects and the provisions of administrative procedures that violate the law are unreasonable.Some Western countries have already established relatively complete mechanisms for legal accountability for administrative procedures.In contrast,the development of administrative law in China is relatively late.It is appropriate to draw lessons from the system of illegal administrative procedures and accountability in Western countries,and to speed up the process of administrative procedure legislation in China.This article proposes three suggestions.First,it is imperative to improve theadministrative procedure legislation under the current legal system.Administrative procedure legislation can not only fill loopholes in the procedural law,but also help improve the current legal system of administrative procedures,and then help promote the procedural legislation and substantive legislation common development.Second,improving the legal accountability mechanism for administrative procedures that violate the law,requiring that the provisions of legal responsibility be as detailed and specific as possible so as to increase the possibility of the application of legal provisions,and that the correctness of its application will be greatly improved,reducing the ambiguity of what provisions to apply to investigate relevant legal responsibilities.I do not know which of the provisions apply to pursue relevant legal responsibilities.Thirdly,the essence of perfecting administrative law violation and its legal responsibility system lies in improving the procedural awareness of administrative law enforcement personnel.The improvement of the procedural awareness of administrative law enforcement personnel means that the importance of the procedural system is improved,thereby effectively regulating the phenomenon of procedural violations to occur.