行政程序瑕疵,是近几年来在司法审判实务中逐渐出现的一种对行政机关“特殊”程序违法行为的称谓,由于尚处在初显阶段,实践中尚有许多问题,对何为行政程序瑕疵,多是仁者见仁智者见智,缺乏统一的规范性操作,进而影响到司法公信力。本文拟在对国内的实践经验进行总结并参考目前学界相关理论的基础上对行政程序瑕疵作出初步的界定,并对行政程序瑕疵的处理提出几点建议。 The flaws in administrative procedure are appellations appearing in the judicial trial practice in recent years in the name of illegal acts of administrative organs “special ” procedure. Because they are still in the early stage of development, there are still many problems in practice. Administrative procedures flaws, mostly benevolent see benevolent wisdom, lack of uniform normative operation, thereby affecting the credibility of the judiciary. This article intends to make a preliminary definition of the defects of the administrative procedures based on the domestic practical experience and reference to the relevant academic theories at present, and puts forward some suggestions on how to deal with the defects of the administrative procedures.