Judicial Determination Of Minor Violations Of Administrative Conduct Procedures

The "Administrative Procedure Law" of 1990 stipulates that if there is a violation of legal procedures in the process of implementing administrative acts,the administrative acts should be revoked.Such regulations have been questioned by the academic circles,and cannot be implemented due to considerations of administrative efficiency and other factors in judicial practice.In 2014,our country implemented the first revision of the Administrative Procedure Law,and the concept of "minor violations of procedure" formally appeared in our country's legislation,which made our country's administrative behavioral procedures illegal cases farewell to the single processing mode.According to the degree of violation of legal procedures in the process of implementing administrative acts and whether it will have actual impact on the rights of the parties,there are two different processing results for cases of procedural violations of administrative acts.In addition to the original revocation,if only "minor procedural violations" are constituted and no actual impact on the rights of the plaintiffs,then only a judgment confirming the violation is made.This amendment makes the processing results of procedural violations of administrative acts more diversified in our country.In the process of administrative organs exercising administrative power,the role of administrative procedures cannot be underestimated.On the one hand,procedures such as hearing and announcement can protect the administrative counterpart's right to know,enable him to participate in the exercise of administrative power,and play a supervisory role in the administrative acts of administrative organs;On the other hand,administrative procedures provide the basic procedural norms for the administrative activities of the administrative organs,which urge the administrative organs to work according to the procedures prescribed by law to improve administrative efficiency,and enhance the relatives sense of identity and acceptability of administrative acts,and ultimately provide effective protection for the realization of the substantive rights of the parties.Influenced by the legal tradition that China has always attached importance to substantive law and lacks procedural concepts,our country has not yet formulated a unified administrative procedure law.By studying relevant theories,combing relevant laws and regulations and reading relevant judicial documents,it is not difficult to find that since the implementation of the new Administrative Procedure Law,there is still a lack of unified judgment standard for how to define the violation degree of " minor procedural violations" in academic circles,legislative fields and judicial practice in our country,and it is still difficult to judge whether it has a practical impact on " plaintiff's rights".In the judicial practice,the lack of sufficient theories and relevant laws and regulations in the judicial determination of procedural violations of administrative acts leads to difficulties in reasoning in judicial documents,which often only list the articles and results used as the basis for judgment and lack of the reasoning process.The two concepts of procedural flaw and minor procedural violation are mixed up,lacking clear boundaries and use confusing.It can be seen from this that there are still some deficiencies in our country's regulations on minor procedural violations of administrative acts.In order to standardize administrative procedures of administrative organs and deal with complicated and diverse problems in judicial practice,research on minor procedural violations and their judicial identification is indispensable.The minor violation of procedure refers to the fact that although there are violations of legal procedures in the process of implementing administrative acts by administrative organs,the degree is relatively slight.Therefore,in order to identify what is the minor violation of procedure,we must first define the interpretation of the administrative procedure and the scope of "slight" and "law".Therefore,starting from the basic theory,on the premise of having a preliminary understanding of the relevant basic concepts,the process of entering the law for minor procedural violations and the existing identification standards,this paper uses research methods such as text analysis and empirical analysis to study the judicial practice of minor procedural violations in China,sums up and analyzes the illegal forms of minor procedural violations,deeply analyzes the legal consequences of administrative acts violating legal procedures,and finds out the common problems of minor procedural violationsin judicial practice.Finally,analysis the reasons for the problem,and then learn from foreign advanced experience to table proposals about refining the procedural illegal gradient in our country,unifying the judgment method and introducing the system of correcting procedural violations to improve the regulation of minor violations of administrative procedures in our country.