The details include:
1, the default legal step. Refers to the administrative actions that fail to follow or not fully follow the legal procedures, the procedures that have passed have not passed, and some procedures are missing or omitted.
2. Violation of the statutory time limit. Statutory time limit refers to the time requirement that the administrative subject must complete the administrative act stipulated by law.
3. Increase procedural obligations. Refers to the administrative organs to increase the obligations of the parties outside the legal procedures. The administrative organ may add procedural obligations for itself, but it may not add procedural obligations for the parties beyond the legal provisions.
4. The legal steps are the opposite. It means that although the administrative act has gone through all legal procedures, it has not missed any procedural links, but reversed the order of procedures.
5. Violation of legal form. All administrative actions have certain forms of expression, such as written form, oral form, behavioral form and implied form. When the law has special requirements on the form of administrative behavior, administrative behavior must be made in this form, which is called "necessary behavior". If the "substantive act" does not conform to the statutory form, it is also illegal in procedure.
6. Violation of administrative jurisdiction rules. Administrative jurisdiction refers to the division of labor between an administrative organ and another administrative organ in handling administrative affairs and making administrative decisions, which constitutes a part of administrative functions and powers.
What is the legal procedure of criminal cases?
Investigation stage: The public security organ may impose criminal detention on the flagrante delicto or major suspect. Detainees should be questioned within 24 hours after detention. If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
Review and prosecution stage: when reviewing a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender.
Trial stage: After the people's court has examined the case in which public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, it shall decide to hold a trial.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 23 of the Administrative Reconsideration Law of People's Republic of China (PRC), the institution in charge of legal affairs of the administrative reconsideration organ shall, within seven days from the date of accepting the application for administrative reconsideration, send a copy of the application for administrative reconsideration or a copy of the written record of the application for administrative reconsideration to the respondent. The respondent shall, within 10 days from the date of receiving the copy of the application or the copy of the application record, submit the defense, and submit the evidence, basis and other relevant materials for the specific administrative act.