Research On The Confirmation Of Illegal Judgments For Minor Violations Of Administrative Procedures

In order to enhance the procedural awareness of administrative subjects in the administrative process,the administrative procedure law revised in 2014 and implemented in 2015(hereinafter referred to as the administrative procedure law of2015)has added the clause of "minor violation of administrative procedure".Since then,the administrative act of minor violation of administrative procedure will have the legal consequences of confirming the illegal judgment.Further guide the judicial practice to more accurately apply the judgment of minor violation of administrative procedure to confirm the violation of law.In 2018,the judicial interpretation of Administrative Procedure Law(hereinafter referred to as 2018 "interpretation of administrative litigation")was issued to further elaborate the interpretation of "minor violation of administrative procedure",but the operability is slightly insufficient.In view of this,this article from the legal text provisions and judicial practice to start on the administrative procedure of minor illegal confirmation of the decision.The paper is divided into four parts:The first part is about the clarification and analysis of the judgment of confirming the minor violation of administrative procedure.This paper expounds the connotation and application characteristics of the judgment on the confirmation of minor violations of administrative procedures,understands the connection and difference between the judgment on the confirmation of minor violations of administrative procedures and the judgment on the cancellation of violation of legal procedures,as well as the judgment on the invalidity of the confirmation of major violations of administrative procedures,which is helpful to better understand and apply the judgment on the confirmation of minor violations of administrative procedures.The second part is the legislative review of the judgment of confirming the minor violation of administrative procedure.For the first time,the judgment of confirming the minor violation of administrative procedure appeared on the stage of administrative procedure law in 2015,and then carried forward in the interpretation of administrative procedure in 2018.According to the provisions of the administrative procedure law in 2015 and the administrative procedure interpretation in 2018,it isfound that too many general concepts have been introduced into the legislation,which may lead to the lack of operability in the application of judicial practice,and there is still room for discussion.The third part is an empirical study on the confirmation of the judgment of slight violation of administrative procedure.Taking the relevant cases collected in China's judicial document network as samples,through the investigation of the application of the administrative procedure to confirm the minor violation of law in judicial practice,we find that its manifestations are rich and colorful.However,it is also found that there are many problems in the application of judicial practice: the boundary of the judgment of slight violation of administrative procedure is unclear,especially the confusion with the application of "procedural defects";the judgment standard of the judgment of slight violation of administrative procedure is unclear,and the court uses different standards while simply piling up articles;the judgment of slight violation of administrative procedure is unclear The limit of "slight" is ignored,which is more obvious in the processing period;the judgment of confirming the slight violation of law in administrative procedure is slightly insufficient in the judicial correction level,which makes the confirmation of the violation of law become a mere formality and can not substantially protect the rights and interests of the opposite party.The fourth part is the suggestions for the improvement of the judgment of the minor violation of administrative procedure.In this part,the author puts forward some suggestions to improve the problems existing in legislation and judicial practice.First of all,the boundary of the judgment on the confirmation of minor violations of administrative procedures should be clarified.Secondly,the judgment standard of the judgment on the confirmation of minor violations of administrative procedures should be clarified.Thirdly,the slight limit in the judgment on the confirmation of minor violations of administrative procedures should be better grasped by adding restrictive measures.Finally,the judicial level of the judgment on the confirmation of minor violations of administrative procedures should be improved Corrective measures.