| The Administrative Procedure Law amended in 2014 added judicial review standards for minor violations of administrative procedures,the purpose of which is to better protect the parties’ procedural rights and supervise administrative agencies to regulate law enforcement.However,since the Administrative Procedure Law adopted judicial review standards for minor violations of administrative procedures,there has been significant disagreement in the understanding of the connotation between the theoretical and practical circles,and there is no other rule guidance,it is difficult to avoid the problem of different judgments in the same case,which is not conducive to the realization of justice just.Therefore,studying the connotation and general manifestation of minor violations of procedures to form a unified judicial review standard can effectively prevent the application of chaotic violations of minor violations of administrative procedures.The author starts with a theoretical overview of the judicial review standards for minor violations of administrative procedures,and demonstrates the feasibility of the minor violations of administrative procedures and the necessity of establishing standards.Secondly,from the perspective of practical status,introduce the historical evolution of the establishment of judicial review standards for minor violations of administrative procedures and the differences between domestic and foreign countries regarding the determination of judicial review standards for minor violations of administrative procedures.Thirdly,through theoretical overview and practical situation analysis,it points out the problems existing in the judicial review of my country’s administrative procedures for minor violations of the law.Finally,through an in-depth analysis of specific legislative cases,the current legislative documents and the rules of adjudication in current trial practice,the legitimacy and one-sidedness of the administrative procedures for minor violations of the review procedures are reviewed from the legislative and judicial levels,and the improvement of the administrative procedures is proposed Suggestions for illegal judicial review standards. |
