China's Contemporary Rule Of Administrative Law And The Codification Of Administrative Procedure

Administrative procedure law has become a pillar of contemporary administrative law. By comparison and contrast ,it is suggested in this article ,on the basis of study and contrast ,it is situation of administrative procedure legislation both at home and abroad ,that administrative procedure be codified in China to realize rule of administrative law .As the fundamental principle of administrative law ,doctrine of the rule of administrative law embodies to a great extent principle of rule of law in the field of administrative law . furthermore, the perfection of administrative procedure law lays the foundation for gradual codification of administrative activities. It could be easily found out ,from the content of doctrine of the rule of administrative law in most countries, that great importance is attached to legitimacy of procedure. This indicates contemporary rule of administrative law rests on the codification of administrative procedure. Beginning in the 1920s, the high tide of administrative procedure legislation is still a driving force in the development of rule of administrative law. With the expansion of administrative power and therefore the urgent need for protection of civil rights, increasing attention is being paid to justice of administrative procedure as well as distribution of administrative power and legitimacy of its exercising entity. Procedure justice being premise of entity justice, procedure legitimacy is vital to administration by law .In China ,it is characteristic of traditional legal system to prefer entity rather than procedure. However, since China's reform and opening to the outside world, the legal system and opening to the outside world ,the legal system construction concerning administrative procedure has been increasingly taken serious.1989's Administrative Procedure Law first established the principle that "any illicit procedure is invalid"and 1996's Administrative Penalty Law clearly set up several important systems, especially the hearing system ,which indicates China's administrative procedure legislation has a fundamental transition in guiding principle and value selection, thus to direct the development of China's administrative procedure law. Because of the incompletely established criterion according to the Constitution and the traditional way of administrative management, however ,China's administrative procedure legislation has many defects and it objectively hold back the constitutionality of China's administration. The defects of contemporary administrative constitutionality are mainly the insufficiency of administrative procedure law. Therefore it's necessary to make unified administrative procedure law and to normalize the operation of administrative power with unified administrative procedure. This is a fundamental and essential way for China to realize rule of administrative law and ever to construct a fully constitutional society.The article ,from four aspects ,proves that codification of administrative procedure is a necessary way to perfect China's administrative constitutionality.â… Market economy system is the basis of codification of administrative procedure law. A unified administrative procedure law. A unified administrative procedure law helps protect the entity right in market economy.â…¡Administrative Penalty Law reflects the re-evaluation of administrative procedure by the contemporary Chinese society. The modern administrative procedure system, taking equality, efficiency and protection of citizen's legal rights as its aim, has been affirmed by China's supreme legislative body and several systems embodied in it have offered beneficial experience and basis to codification of China's administrative procedure.â…¢ Administrative Procedure Law and Administrative Reconsideration Law have set up "invalid act of administration"policy which is due to the violation of legal procedure and it demands the codification of administrative procedure. Under the present situation of scattered administrative procedure, it is hard to fully re...