The Justice Value And Its Realization Of Administrative Procedure

The construction of Administrative procedure law is important to the theory and practice development of administrative law. In the view of the coming into being of the Administrative procedure law, democracy is the premise condition of its coming into being because its aim is to adjust and restrict the administrative power. The most important activator of the development of administrative procedure law, especially the rapid development after the Second World War, is the change from parliament-leading to administration-leading with the development of productivity. The coming into being of administrative procedure law is the integrated result of the great change in economy politics and law culture. The development of administrative procedure law has been closely connected with the development of rule of law.the due procedure can achieve the dueness of the administrative procedure: on the one hand,it can restrict the administrative arbitrariness and maintain its stability and self integrality ;on the other hand ,it can admit free choice ,which makes it have more plasticity and adapting ability.To our country, administrative procedure law is an exotic. We has the tradition of paying much attention not to the procedure law but to the substantive law. The understanding and belief of the society to the due procedure is much lower than the west developed countries. From the reformation and opening to the outside world till now, it is the basic subject to restrict the administration power and guarantee the franchise,in which the administrative procedure legislation is an important content. The system study on the administrative procedure value is convenient for not only the system study on the administrative procedure law theory but for entirely grasping the practice value,cost and the degree of realization of administrative procedure law in our country.The whole thesis includes an introduction and text of six chapters. The introduction part mainly introduces the research value and actual meaning of this thesis and points out the research means,the composition and framework of the thesis on the basis of existing relevant researches.Chapter one is“the definition of justice value of administrative procedure”. on the basis of analyzing the basic concepts of value,law value,procedure value and so on, it has analyzed and confined the justice value of administrative procedure, pointing out that the justice value of administrative procedure is the common objective of the implement value and the objective value of procedure ,which is the embodiment of the law wisdom“everybody gets what he should get”in administrative procedure and mainly realizes the due distribution of the administrative substantive rights and compulsories through the due distribution of the administrative procedure rights and compulsories . The value of the due administrative procedure plays a key role in all the values of the administrative procedure. Without it the value of such as efficiency, order will be negative.Chapter two is“the construction of justice value of administrative procedure”. the value of procedure can be divided into the implement value (the outer value)and the objective value(the inner value).Accordingly the justice value can also be divided into the outer justice value and the inner justice value. the outer justice value consists of guaranteeing the realization of the substantive justice and the individual freedom and rights and defining the contents of the public benefits; the inner value consists of guaranteeing the personality dignity of the party, the rational and fair treatment of the party , the enforcement of the acceptability and the promotion of the relation between the party and the administrative government. The outer justice value and the inner justice value are closely connected ,but they are independent : on the one hand the inner value is the effective approach to realize the outer value ,on the other hand the realization of the outer value is the essential premise of the realization of the inner value. However, the outer justice value and the inner justice value are sometimes opposite.Chapter three is“The system base of subject of administration of the realization of justice value of administrative procedure”. The realization of the justice value of the administrative procedure needs the supporting of subject of administration system. The function of persons of administration system from unitary to multinomial provides a base for modern administrative procedure such as hearing. Further more, the equal relation of subject of administration and counterparts makes the realization of justice value of administrative procedure possible.Chapter four is“the procedure system of the realization of the justice value of the administrative procedure”.The realization of the justice value of the administrative procedure depends on a series of systems . the administrative procedure concludes the administrative participation system,the administrative evidence system , the administrative timely system,the information opening system, and other systems which can guarantee the realization of the justice value of the administrative procedure. The administrative participation system mainly concludes the participation of the public in the abstract action or decision–making ,namely the system of public hearing and the system of hearing of witnesses .the administrative evidence system concludes the rule of administrative record only and record and decision system. The administrative timely system concludes the predigestion of the administrative procedure and the time limit system. The information opening system concludes the system of catching information, the service system of the decision and the system of delivery. other systems concludes the system of representation and averment,the system of explaining reason,the system of blenching,the system of prohibiting the unilateralism party of contacting the administrative and the system of the separated function.Chapter five is“the conditions of realization the justice value of the administrative procedure”. Because the administrative procedure is only a system of resolving the disputed and is the self-discipline obligation of the administrative government, it can not change the strength of the party and resolve the disputed questions, which the substantive law can not resolve. realizing the justice value of the administrative procedure depends on the guarantee of the system of the administrative procedure, which demands that everything such as the object of judicial review , the review extension, the review standard , the rule of evidence must be matched with it. At the same time, realizing the justice value of the administrative procedure depends on the favorable outer conditions such as the high-level economy,the powerful jurisdiction, the symmetrical information,the mature self-discipline society and benefit groups and the belief of the society in the justice of the procedure.Chapter five is the conclusion of the thesis.