论行政程序违法的司法审查

Judicial review of law-violation of administrative procedure

依法行政的关键在于"依程序行政",是否依程序行政是一个法治国家的重要标志。我国还没有一部统一的程序法典,这导致了"人间悲剧"的不断上演,因此,为了促进依法行政、保障行政相对人的权益,从行政程序违法的司法审查范围、司法审查原则及行政程序的司法审查结果这几个方面作一番探讨和分析。

The key to administration by law is in accordance with procedure of administration, whether administration is in accordance with procedure is an important symbol of a lawful country. China does not have a procedure law, which leads to ＂many human tragedies＂, thus, in order to promote administration by law and to protect the rights of the administration related people, this paper makes discussions and analysis of law-violation of administrative procedure in the aspects of judicial review scope, judicial review principle and judicial review results of administrative procedure.