Administrative Action Must Follow Justifiable Procedures

With the development of the process of the harmonious socialist society and theenhancement of the concept of governing the country according to law, the pace of thegovernment administration according to law also increasingly becomes faster. Theadministrative organs must strictly administrate in accordance with the law for the interests ofthe masses. The law in the administration according to law is not only related to obeying thelaw of administration. At present, the more important thing to executive authorities is strictlyhandling affairs according to legal procedure. Researching the illegal problems of theadministrative organs in practice and real life have benefits to realize the administrationaccording to law of administrative authorities. Therefore this paper selects the fresh case inreal life: a lawsuit for some Chongqing district planning bureau dismantle illegal buildingcase, to analyze and discuss administrative due process problems, in hope to get someinspiration.This paper is divided into three parts. Analyzes the deep-seated problems through theintroduction of the case, and puts forward my own opinion and suggestion to theimprovement of these problems.The first part is mainly to introduce the case, to point out the focus of the case and thedisagreement of the two parties, and also to explain the ruling basis of the court case. Thispart describes the case in detail as far as possible, in order to show the case for the full storycomprehensively, and to lay the foundation for the analysis of the second part.The second part summarizes two key problems of the case in the basis of the first part,that is administrative decision must conform to the provisions of substantive law andadministrative decision must abide by the administrative procedures. This part also analyzesand discusses these two problems on the basis of hackling these problems.The third part is the main ideas and inspiration of author to the case. First, according tothe problems reflected in the case, analyzes the problems that the court did not mentioned,that is the problems of “demolition within a definite time” and “forced demolition”. Secondputs forward some opinions of the case, and raises some suggestions to the judgment of thecase. Finally, analyzes of the enlightenment that the author gets from the case.Along with the development of the legal system in our country, the voice of the administration according to law is higher and higher. But the illegal procedure questions thatthe administrative authorities faced in the process of exercising their functions and powers areneeded to solve. This article takes the method of case analysis, hoping directly to discuss theproblems of the due process that the administrative authorities in exercising their functionsand powers according to the fresh example, and hoping to play a certain role to the solution ofthe illegal procedure in real life.