Judicial Recognition Of Defects In Administrative Procedure

The judicial identification of administrative defects is related to procedural justice and has long been a common concern of the administrative law circles.After the new Administrative Procedure Law was promulgated,the discussion on administrative defects and minor violations of the law was even more fierce.There are many debates on the definition of the connotation of administrative defects in the academic circles.The two representative views are "dichotomy" and "dichotomy." After the introduction of the new Administrative Procedure Law in 2015,although the concept of "minor violation of administrative procedures" has emerged,there are still a large number of procedural flaws and applications,and in some trials there have been cases where the two have been mixed and the same case has been different.Therefore,the theoretical study of administrative defects is urgent.At present,there are many disputes on the judicial determination of administrative defects,and there are many defects and deficiencies.There is no uniform standard for the recognition of administrative defects in the academic community,and there is no clear legislation.The recognition standard applied by judges in the judgment is confused with the minor violations of administrative procedures.Constructing a sound correction system is an effective solution to administrative defects.In the main part of the article,it mainly discusses the theoretical basis for the identification of administrative defects,the basic situation of judicial practice of administrative defects after the new Administrative Procedure Law was promulgated,as well as reflections and suggestions.This paper expounds the relevant theories of administrative defects,including the connotation of administrative defects,the distinction between them and the minor violations of administrative procedures,and the necessity of judicial recognition of administrative defects.This paper analyzes the basic status of the identification of defects in administrative procedures in judicial practice,including the analysis of sample judgments,and summarizes the types of defects and the criteria for the identification of defects in court.Reflection and criticism on the problems existing in the identification of defects in administrative procedures in practice.This paper summarizes the progress and shortcomings of the dichotomy,and analyzes the confusion of practice caused by the ambiguity of judicialrecognition standards.Based on the reflection on the present situation of judicial identification of administrative defects,some suggestions to perfect the system of identification of defects are put forward.