The Objectiue Mode Of Administrative Procedure Act And Our Countrys Choice

With the prevalence of the idea of nation ruling by law, the key of the problem is administration by law , in turn , the key of all the problems is administration on procdeure . Administrative procedure can pre-ven administration from being out of order . Through the study about the act of administrative procedure, we have a sense that only impartiality of procedure can ensure impartially of substance. Administrative procedure is the product of modern market economy, democratic policy and the development of law and order(法治). It's codinization will be our choice in the future . What kind of administrative procedure code will be made ? This concerns the choice of value and objective mode about administrative procedute act .The choice of value and objective mode about ,adminiatrative procedure plays a very important role in making the law . It is the spirit of administrative procedure act , objctive mode is the perform of valuable choice ,the choice of value is the exaltation of objective mode . Objective mode belongs to the objective theory , while the choice of value belongs to the valuable theory . As for the objective mode of administratiue procedure act , it refers to legislative object and conforming principle, because of ideal design about administrative procedure act , the style andcharacteristic the act's form of the valuabce choice or valuable mode.In general, very nation's adminisrative procedure act has two basic kinds of objevtive mode ,one is called impartial kind (right kind), the other is called effective kind . Most scholars of our corntry approve " consistent kind",that is ,right and effectiveness are being considered at same time . I think that this kind can suit ours . In order to intensify the sense of democracy and law and order, we should ensure right ;On the other hand , because of the lower productive level , if civil right is greatly emphasized , it will decrease the speed of economic development. Facing the conflict of impartiality and efficiency,we cann't obtain efficiency at a cost in losing impartiality , or emphasis efficiency while invading the private patty's right. We should start from the public benefrit, meanwhile, do our best to protect everybody's benefrit. Within the permit of efficiency ,ensure the right in ifs best. So,the valuable mode of our administrative procedure act should have a valuable choice , that is , considering administrative efficiency and the private party's right at same time .