行政程序违法的法律后果探究

The Exploration of Consequences of Illegal Administrative Procedure Behaviors

行政程序作为保障相对人权利、规范公权力运行的重要机制,已经得到越来越多国家和地区的肯定和重视。然而我国目前理论界对于程序违法行为的研究有所欠缺,在立法上也缺乏相关的规定,进而导致司法实践中对于行政程序违法行为的责任追究力度明显滞后与不足。归根结底在于程序与实体问题的纠缠不清,本质体现为程序独立性的缺乏。因此,树立"程序至上"的观念,完善行政程序违法行为的法律效力及责任的规定,并加强责任追究的力度,对于实现行政程序法的价值具有重要的意义。

As the important mechanism for safeguarding the counterpart＇s rights and stardardizing the operation of public rights, administrative procedure has been acknowledged and valued by more and more countries and re- gions. However, right now, our country is in shortage of the study of illegal administrative procedure behaviors and related regulations on legislation. So the strength of finding out responsibility on illegal administrative procedure be- haviors in lawful acts is apparently lagging and poor. That~ because the procedure is twisted with actual problems and the essence shows the lack of independence of procedure. As a consequence, making up the thought of ＂Proce- dure is the first＂, completing the regulation on lawful effect of those behaviors and rules on responsibility and strengthening the power of finding out responsibility are very meaningful for the value of the Law of Administrative Procedure.