Administrative Proceedings Teleological

The theory of the purpose of administrative proceedings is one of the fundamental categories in the sphere of administrative procedural jurisprudence. It not only matters the theoretical construction of the jurisprudence of administrative proceedings, but also has the final say in the systematical designing of the procedure, meanwhile, it also imposes influence on the judicial practice in this area. This thesis is dedicated to clarify the real purpose of the system of administrative proceedings from the theoretical angle.Chapter One of the thesis is an introduction to the purpose of administrative proceedings. Starting with an analysis on related concepts, this chapter expounds the connotation and extension of the concept of "the purpose of administrative proceedings" and its characteristics as well. This thesis holds that the purpose of the procedure in question ought to be the expected goal and outcome of the procedure preset by the state. It is also pointed out that, when understanding the concept, attention should be paid to shaking off the trend of instrumentalism of constitutionality, in other words, person subject to administration should be involved in the connotation of the purpose of administrative proceedings. Chapter Two, named The Formation of the Purpose of Administrative proceedings, discusses the forming mechanism of the purpose of the procedure from the angle of jurisprudence. Starting from the standpoint of the principle of popular sovereignty, it analyzes the due mechanism in the formation of state will as the purpose of legal system, i.e., establishing opening legislative procedures so as to safeguard different parties interested to voice their own wills and interests in the process of legislation, in other words, to substantially participate the formation process of each piece of legislation, by doing so they can truly be the subject other than the object of the state will. In this sense, the real purpose of a legal system can be consistent with that of legislation manifested by the form of regulation.The designing and realizing of the purpose of administrative proceedings is subject to the legislators --- their judicial understanding of administrative dispute, their evaluation of different interests --- and specific procedural cultures. Justice and efficiency should be taken into consideration in the determination of the purpose of administrative proceedings.In retrospection of the origins of administrative proceedings systems in France and in the UK, different purposes, e.g., on the safeguarding of administration, on the supervision of administration, on the remedies of civil rights, and on the settlement of administrative disputes, etc., display a very complicated relation. However, it isargued that only those legal systems that automatically take the purpose of protection and remedy of civil rights as their real purpose could be truly marked as modern administrative jurisprudence.Following a comparison between different understanding concerning the purpose of administrative proceedings in France, England, Germany, the United States, Japan and that in the former Soviet, and a comprehensive analysis on the theoretical understanding of administrative law and procedure in China, Chapter Three, the Purpose of Chinese Administrative proceedings, demonstrates multiple ways in explaining the purpose of administrative proceedings: as a settlement mechanism of administrative dispute which is believed to be the menifested purpose of the procedure; as a mechanism of supervising and restraining administrative power that is considered as the purpose embodying the nature of administrative proceedings; and, as a mechanism of remedy due to the belief that the fundamental purpose of administrative proceedings lies in the protection of administrative rights and interests. Generally, these understandings are systematically preceded, the purpose of next degree functions also as the means that facilitates the realization of the previous purpose. Therefore, the viewpoint concerning the adm...