Legal Liability Of The Illegal Administrative Procedure

The realization of justice requires the perfect combination of substantive and procedural. The theory of Administrative Procedure Law of China is start late and relatively weak,.There is no uniform code of administrative procedures, resulted in many related issues of the law liability of Administrative procedures both in theory and in practice there is confusion. Such as unlawful principle of the principle of liability of Administrative procedures has significant limitations, resulted in many of the administrative procedures law, but gave no clear rights and interests of the executive relative behavior of damage less than the law's punishment; The concept of lack of proper administrative procedures, judicial review of administrative procedures for sex too narrow, causing many administrative procedures can not be investigated for illegal acts; Another theory is not yet in-depth administrative procedures, do not guide practice; In judicial practice, the public servants of the administrative procedural law are not held, result of the public servants performing their duties in accordance with law, administrative. In this paper, referring to foreign-related institutions and theories, in our system of administrative procedures based on the law on administrative procedures of the legal responsibilities.In the first part, we discusses the general principle of liability of the administrative procedures law。In this section, we discussed mainly from the theory of the liability of administrative procedure law, Include administrative procedures, legal responsibilities of law concept, elements, administrative law for the program's performance, attribution principles and administrative procedures, legal responsibilities of law in these areas are investigated.The second part of this article discusses the establishment of administrative procedures need liability law, that is why the law of administrative procedure legal responsibility. The author discussed from three aspects, namely, the rule of law from the perspective of the Chief to protect the human rights perspective and the existence of obligations of administrative procedures, to analyze and discuss the establishment of administrative procedures for the legal liability system illegal need. In the third section describes our current administrative procedure law liability law the relevant provisions, as well as from the existing legal provisions of the existing deficiencies. Because has not yet introduced unified administrative procedure law in China, the law on administrative procedures relevant provisions from liability parts in other legal documents, so in judicial practice, there will be plenty of deficiencies.The fourth part of this article the author proposed law on the liability of the administrative procedures were thought perfect, but in practice, mainly for the current problems in judicial practice recommendations. The purpose is to improve the theory of liability of administrative procedures law in order to facilitate a better system to guide practice;...