Research On The Way Of Adjudication For Handling Violations Of Time Limit In Administrative Punishment

In 2015,the Administrative procedure Law added the sentence of "minor procedural violation" to confirm the violation of the law.The provisions of the Administrative procedure Law to revoke all administrative acts in violation of legal procedures have been changed.In 2018,the provisions of the Supreme people's Court on the Application of Administrative Litigation Law stipulated that "the handling period shall be slightly illegal".In the "minor violation of the procedure".As a new concept,it is not clear about the connotation and cognizance of "dealing with the minor violation of the time limit".This article starts with the judicial judgment,and probes into the differences of dealing with the time limit violation in the judicial judgment by the way of case analysis.Through the study of the case,it is found that the court in dealing with the violation of the time limit does not affect plaintiff's substantive rights,the completion of the execution of the administrative punishment and the revocation of the judgment affect the follow-up rights of the general judgment confirmed illegal;In the case of exceeding the time limit of prosecution,exceeding the time limit of handling a case constitutes a procedural violation and exceeding the time limit of handling a case constitutes abuse of power,it is generally revoked.However,for the minor violation of the procedure,the courts are not uniform in the way of adjudication,there are judges who reject the claim on the ground of procedural defects,and there are also adjudication ways to confirm the violation of the law.However,there are two different ways of thinking in the judgment of the court,one is to consider only the judgment in the adjudication of the court,and in the judgment of confirming the violation of the law,there are two different ways.Whether to affect plaintiff's rights,in the case of not affecting plaintiff's rights,regardless of the length of the time limit,no matter the length of the sentence to confirm the violation of the law;The other one is to judge whether the procedure is slight or not without affecting plaintiff's rights,so as to make a judgment way to confirm the violation of the law.There is no dispute about the application of the annulment judgment to plaintiff's rights in the annulment judgment,but it should be a slight violation of the law without affecting plaintiff's rights,and there are differences among different courts.In view of the inconsistencies in judicial decisions,there is no need to continue to apply to the dismissal of litigation claims in the form of non-statutory adjudication,and secondly,to confirm the violation of the law.In the choice of decision and rescission,"minor violation of procedure" focuses on the protection of procedural rights,while "does not have a practical impact on plaintiff's rights" focuses on the protection of substantive rights.A reasonable time limit is used to measure the blurring of the boundaries of a "minor procedural violation".