On The Judicial Review Of Minor Violations Of Administrative Procedure

According to the relevant provisions of the Administrative Procedure Law,if the administrative procedure is slightly illegal and has no actual impact on the plaintiff’s rights,the court shall make a judgment to confirm the illegal and not cancel the original administrative act.The special judicial review and adjudication for the minor illegal procedure is beneficial to protect the legitimate rights and interests of the administrative counterpart and ensure the administrative efficiency of the administrative organ.However,there are still some practical problems in judicial practice,such as fuzzy identification standard of "minor illegal",improper application way of "procedural defects",unclear understanding of constitutive elements in legal provisions and unclear provision of legal consequences.This paper aims to study how to improve the specific provisions on minor violations of administrative procedures and the judicial review mechanism at the level of legislation and judicial review.By enhancing the operability and clarity of the minor violation system of administrative acts in the constituent elements,making procedural defects better integrated into the system of "dichotomy",dealing with the relationship between the two constituent elements,and specifying the legal consequences,the legal system can be made more perfect,so as to better protect the legitimate rights and interests of both parties in administrative litigation.