Study On Chinese Traditional Administrative Procedure

The study on Chinese traditional administrative procedure, which is mainly research the time and space manifesting form of administrative conduct .And I will also research the manner, process, sequence and time limits to which the Chinese traditional society's administrative procedure have to keep.The concept of administrative procedure was introduced into China in Chinese modernizing movement. It built up on the formal ration and its function is ruling the administrative subjects'behaviors, restricting its abuse of the administrative power. Although our China has developed administrative law system, it didn't have formal ration. So it made the knowledge of the traditional administrative procedure hard to get along with the knowledge of the modern administrative procedure.Although the changes of society brought the change of legal rules, none changing laws can clop up tradition or hold back its conformity with modern culture. Whether this conformity makes the traditional culture more energetic or makes it go to the wrong way, it must face traditional culture. Only we understand the traditional culture accurately, can we accelerate the conformity of traditional culture. The traditional administrative procedure is an important part of legal culture. The construct of our Chinese administrative procedure law is facing the problems of knowing tradition and absorbing the strongpoint of the developed administrative procedure. So it has very important sense for building up modern administrative procedure to recognizing and analyzing traditional administrative procedure accurately.Although it seems eisegesis to use today's theories research Chinese traditional administrative procedure, my article try the best to use today's theories research Chinese traditional administrative procedure and consider the Punjabi and special expressing method of traditional administrative procedure adequately, then I also paid attention to the common grounds of the traditional express and modern express, considering the true essences of history. My article consists of nine chapters, aggregately 120 thousands words. I have identified the traditional administrative procedure, found the essential points, defined the traditional administrative procedure and confirmed its intension and extension.Chapter One: The theoretic sources and values. It's the practices'philosophy basic to research the theoretic sources of traditional administrative procedure. It includes the thought of harmonious comity and the XIANG thinking style of the conformity between god and human being. And the value of the administrative procedure manifest in these things: apotheosizing the imperial power, advancing the autarchy efficiency and restricting the powers.Chapter Two: The origin of the administrative procedure. I considered that the administrative procedure has three sources: the behavior pattern of following four seasons and five XINGS, the history of Da-Yu's water-control and the development of the sacrificing rules.Chapter Three: The procedure of administrative decision-making. It mainly discussed the process and principle of the administrative decision-making.Chapter Four: The procedure of administrative appointing. It mainly researched Chinese traditional voting system and the process of appointing officials.Chapter Five: The procedure of document-passing. It mainly introduced the types of documents, the passing institution and its process.Chapter Six: The procedure of administrative punishment. In this chapter I have discriminated and defined Chinese traditional administrative punishment, and then researched its type and process.Chapter Seven: The procedure of administrative relief. In this chapter I classify it into these two types: the procedure that the administrative relative person can choose and it can't choose. And the methods of relief include appeals, voice grievances and others legal methods.Chapter Eight: Other administrative procedures and its model-turned in modem society. In this chapter I have also researched several special types of administrative procedures, for example, the procedure of accession to the throne, the procedure of appointing Minister, the procedure of interview. And then I researched the administrative procedure's model-turned in modem society summarily.Chapter Nine: This chapter has researched the characters of Chinese traditional procedure, it manifests that the Chinese traditional procedure is latent and unilateralism.