Research On Judicial Review Of Minor Violations Of Administrative Procedures

On May 1,2015 on the implementation of "administrative procedural law" created "minor illegal program" regulation,administrative authorities at the legislative level will be slightly in violation of the provisions of the consequences of legal procedures to make clear,the Supreme People’s Court on the applicable <administrative procedure law of the People’s Republic of China > the interpretation of article 96 of the category of "slight illegal program" has made the detailed provisions,However,the clause only lists "processing period" and "notice and service" as common minor violations.Although the minor illegal administrative act as the judge application provides the basis for,but it is not clear exactly how slight illegal administrative procedure review,the case is still lack of specific rules to guide the referee,the judicial organs and administrative organs for the same program problem whether exist discrepancy on minor illegal decision procedure,the administrative relative person is difficult to form stable expectations.A review of relevant judgment documents since the implementation of the Administrative Procedure Law in 2015 shows that there are a large number of cases that identify minor procedural violations as procedural defects and reject the plaintiff’s lawsuit requests.In order to solve the dilemma of unclear identification and different judgment of the same case,we must perfect the judicial review method of minor violation of administrative procedure.Through the retrieval and sorting of minor procedural violations,the types of procedural defects,reasons for application,judgment results and other information presented in judicial practice can be summarized,and it is further clear that minor procedural violations belong to procedural defects and do not affect the processing results of administrative entities.At the same time,the case can also reflect the practice of some text expression and other forms of errors and do not constitute illegal small procedural shortcomings.Based on the analysis of the cases,some suggestions can be put forward to improve the judicial review and dispute prevention of minor procedural violation cases.It includes clarifying the constitutive elements of minor violation of procedure and striving to construct the legal paradigm of minor violation of procedure.To establish a system of correcting minor violations of administrative procedures and a system of checking and verifying administrative documents;By issuing guiding cases or judicial interpretations,it provides specific guidance for adjudication of minor procedural violation cases,so that the people’s courts can have clearer thoughts when trying cases involving minor procedural violation cases.