Administrative Violation Of Due Process Of Judicial Review

In recent years, with the state administrative legal construction and further improvement of civil rights consciousness and is currently in the judicial practice and legal theory study, about what is proper judicial administrative procedure, whether should join as administrative procedures censorship standards and specific problems such as how to operate the climax, once again, scholars differ resolve, is thought by some scholars to China legal system has not been perfected yet, many regarding justifiable administrative procedures has not been set up the relevant measures, as administrative procedures, judicial review system is still difficult to implement; There are also scholars from our judicial practice and overseas relevant judicial experience and profound argument on the administrative procedure established justified judicial review system of necessity and feasibility. The author believes that, the paper discusses the problems and research about not only is coping with China's accession to the WTO, such as deepening reform and opening up, but also the inevitable demand situation constitutional respect and safeguard human rights principles, but also the requirements specification and control administrative power, maintaining the legitimate rights and interests of the administrative relative intrinsic requirement, so it is of important theoretical and practical significance. In the feasibility, the author mainly from domestic judicial practice in accordance with the relevant case and experience, the administrative policy requirements and the people's court where their legislation and judicial practice, foreign experience from several aspects such as the support was discussed.Purpose of this study:In this paper, proper administrative procedures for the study, using various research methods, history and current situation, domestic and foreign, and combined with our focus on Taiwan-related legislation aimed at the establishment of proper judicial review of administrative procedures the necessity and feasibility analysis, proper administrative procedures to determine the specific content standards and to demonstrate, and through the research and feasibility studies, and then make proper administrative procedures of administrative litigation system in the general framework of the review. This thesis is divided into five chapters, the first chapter is to introduce some of the major program introduction, administrative procedures, proper administrative procedures and some basic concepts related to, and the distinction between these concepts and links were analyzed and compared. The second chapter is built from many of the proper administrative procedures of judicial review to demonstrate the necessity and feasibility analysis. The third chapter is the main core of the article is, in this chapter, the author describes the experience of foreign legislation and judicial practice, research scholars, made the proper administrative procedures and according to the main content, clear criteria for determining proper administrative procedures. The fourth chapter, the author of the Taiwan region by referring to "the Administrative Procedure Act," the successful experience of the establishment in our mainland judicial review of administrative procedures due to propose a simple framework in order to increase the operability of this article. Finally, the fifth chapter is the end of the paper, mainly in response to text, modify the Administrative Procedure Law of China in the future to establish proper administrative procedures for review of the Legislation Outlook.The main research methods are:historical research methods, comparison methods, value analysis and logical thinking method.Main results are:(1) from the study due administrative procedures and administrative procedures to start the relationship, through comparative analysis, identifying the difference and connection between the two, clearly the nature of the proper administrative procedures. (2) advanced foreign legislative and judicial practice, judicial practice in our country's relevant experience, respectively, from the existing legal procedures to make up for the limitations of practicing the State Council, "Implementation Outline for comprehensively promoting administration according to law," an important performance and adhere to the necessary requirement for administration according to law full protection of human rights, safeguard the authority of the requirements of the Constitution, should WTO rules and the requirements of the internationalization of law, domestic and international judicial practice and experience relevant case law, the establishment of proper judicial review of administrative procedures the necessity and feasibility are discussed. (3) Integrated multi-perspective scholars, light describes the criteria for determining proper administrative procedures, and then made several important proper administrative procedures, that person should not be their judge, told the hearing, the reasons. (4) Finally, the administrative procedures of the Legislative Taiwan experience, due on the China mainland idea of building of administrative procedures. The innovation of this paper are:(1) from a new perspective and describes various administrative litigation in China to establish proper administrative procedures in the review of the necessity and feasibility of the standard, basically sums up most of the factors. (2) Several well-known scholars in the proposed theory based on thorough research, combined with the author shallow knowledge, defined told the hearing, state the reasons, no person shall do so on their own judge in several important proper administrative procedures and made basis. (3) A proper administrative procedures for review of administrative litigation system, the general framework and steps to improve the operability.