Research On Judicial Review Of Minor Violation In Administrative Procedure

The "Administrative Procedure Law" enacted in 1989 stipulates that administrative actions that violate statutory procedures shall be revoked regardless of the specific circumstances.Such generalized judgments have caused certain controversy in practice.A new change in the Administrative Procedure Law amended in 2015 is to start to treat the severity of procedural violations differently.For minor procedural violations,it begins to confirm violations rather than cancel them all.The legal intention is to distinguish the degree of violations.The corresponding illegal consequences are different.However,the connotation of the minor violations of administrative procedures in judicial practice and the specific criteria for judgment are still controversial.This article starts with the problems found in the relevant cases in judicial practice and analyzes them in conjunction with relevant legal regulations.The thesis starts with the basic theory of minor violations of administrative procedures and the process of entering the law,and focuses on the judicial value orientation of minor violations of administrative procedures in practice.It points out that different judgments in the same case arising from the application of this new regulation in judicial practice,inadequate reasoning of the judgment documents,new changes and new problems such as inadequate regulation of administrative agencies,and specific analysis of the reasons for the above problems,and finally from the importance of the application of due process principles,the rational use of interest measurement principles,and the establishment of standardized judicial review the requirements,clear confirmation of the corresponding legal consequences under the illegal judgment and other aspects have put forward countermeasures and suggestions to further solve the problem.