Judicial Standard Of "Minor Violation" In Administrative Procedure

In 2014,China’s administrative Procedure Law subdivided the types of illegal administrative procedures,and added the types of "minor illegal procedures" on the basis of "violation of legal procedures".Subsequently,the Supreme People’s Court issued a judicial interpretation to further enumerate its identification criteria.However,the above provisions not only did not clarify the connotation of "minor procedural violations",and even have more confusion trend in it.In view of this,it is necessary to review and review the standard of "minor violation of procedures" in the subjective understanding of legislators,and clarify the value positioning of minor violation of procedures.At the same time,the judgment documents of the Supreme People’s Court are taken as data samples to examine the value orientation of the Supreme People’s Court for "minor procedural violations".Through the "procedure minor illegal" provisions of the legislative background,law change,specification,logic system and the application of the relevant judicial interpretation analysis,found that the subjective understanding of procedure slightly illegal standard lies in the administrative procedure itself,its objectivity and independence,and "to the plaintiff’s rights to no actual impact" common achievement confirmed illegal judgment.The Supreme People’s Court is not clear about the value orientation of minor violation of procedure,and there are mainly two different paths to enter into the judicial review of minor violation of procedure.First,the procedural approach is the administrative procedure itself as the judicial standard.The focus of this ruling path lies in the realization of the value of administrative procedure,which coincides with the "minor violation standard" in the subjective understanding of legislators.Specifically,it can be refined into the "damage standard of important procedural rights" of external administrative procedures;the "division of authority" standard of internal administrative procedures—— the realization of functional value of internal procedures.At the same time,the court regards the principle of due process as an auxiliary judgment of "legal process".Second,the entity approach is "the plaintiff’s entity rights and interests" as the judicial identification standard.In this ruling path,the court focuses on reviewing the "impact on the plaintiff’s substantive rights",and takes the principle of administrative efficiency and the protection of the interests of the administrative counterpart as its supplementary judgment.The judgment of minor violation of procedure is not only a matter of application of law,but also a question of value judgment.As a neutral judge,the court will often take into account the interests of many parties and repeatedly weigh them to make judgments.In this process,the court should establish appropriate judicial review standards based on its own function positioning,and take into account and balance the value of justice and efficiency of administrative procedure.The Supreme People’s Court ruled on "minor illegal" procedure "with two different judicial recognition modes of" procedural entry "and" entity entry ".On the basis of confirming the illegal,it further refined the path,which essentially enriched the tools of judicial review and made the relationship between the court dealing with illegal administrative procedures more refined.