Administrative procedures are everywhere in administrative actions. Without certain procedures, substantive laws cannot be implemented. In order to approve an application, it can be done simply and quickly by several departments, or it can be stamped with dozens or even hundreds of chapters, making this procedure a long and difficult process. The function of procedural law is to legalize and institutionalize reasonable procedures that can improve administrative efficiency and protect citizens' rights and interests, cancel unnecessary procedures or simplify cumbersome procedures, thus greatly improving administrative efficiency.
2. restrictions.
The so-called restrictive role means that the administrative procedure law can restrict the administrative organs in procedure to prevent them from dereliction of duty, ultra vires and abuse of power. This is mainly manifested in the following two aspects:
First, the administrative procedure law regards administrative procedure as a necessary condition for the legal effect of administrative acts. The legality of administrative procedure does not mean that the substantive law is applied correctly; However, if the administrative procedure is seriously illegal, even if the substantive law is applied correctly, the administrative act is invalid. For example, according to China's patent law, the patent office must go through a three-month announcement period to approve the patent right. This is an administrative procedure for approving patent rights. If the Patent Office grants the patent right to the applicant without going through the announcement procedure, the act will be invalid, and even if the applicant's invention actually meets the patent requirements, the patent right cannot be obtained.
Second, it is an important means to crack down on administrative violations such as corruption. Dereliction of duty and abuse of power in administrative violations are mostly related to imperfect and irregular administrative procedures. For example, in the process of citizens applying for a certain right, because there are no clear restrictions, it can open the door for abusing power for personal gain. The lack of reasons and hearing procedures in the punishment procedure will facilitate the abuse of power. The administrative procedure emphasizes the principles of openness and participation, both of which have played an active role in preventing corruption. Improve and perfect the administrative procedure law, put an end to corruption and illegal phenomena from the system, and ensure a clean government.
3. Protect the legitimate rights and interests of citizens, legal persons and other organizations.
The legitimate rights and interests of citizens, legal persons or other organizations should be guaranteed not only by administrative substantive law, but also by procedural law. For example, setting up a sequential procedure of explaining reasons, listening to opinions and even hearing and ruling in administrative punishment can avoid and reduce the abuse of power and protect the legitimate rights and interests of individuals and organizations.