The Analysis And Implement Of Administrative Process' Values

Administration according to law to control abuse of administrative power, to reduce and eliminate the fundamental strategy of corruption of power is through the administrative procedures to regulate the exercise of power. The administrative process weighed heavily, it contains profuse and precious value connotations. This article attempts to carry on the in-depth excavation and the explanation from the perspective of philosophy of law, putting the administrative process values as the pivot of the administrative process researches. This article mainly uses the value analysis method and the empirical analysis method, through the multi-level multiple perspectives' analyses, the revelation administration procedure's essential factor, the administrative procedure's value system, elaborated the procedure instrumentalism and the procedure goal principle's actual content, namely the intrinsic value and the external value's actual content, is not balanced from the administrative procedural law's value system, to the intrinsic value and the external value's unification, provides the essential theory platform for our country administration procedure practice. Regardless of being the procedure tool discusses the procedure standard theory, has separated the procedure and the entity relation, and has one-sidedness. Now the majority scholars thought that the legal preceding the value has the duality: The procedure both has the tool attribute, and has the goal attribute, the two are unify the existence. Only through understanding the accurate meaning of value, could we overcome the process instrumentalism, the excavation administration procedure independence intrinsic value, judges a procedure whether to have the value, does not lie in it whether to have had"the good result", but lies in procedure oneself whether to have manifested to the administrative relative person main body status respect, whether to have the participation and the humanity and so on. Is clear about the administrative procedural law the value, on the one hand may for our country future administrative procedure legislation, the law enforcement, the judicature and so on each stage government by law work provide the authority boundary and the scope, the promotion administration authority legitimate, exercises reasonably, on the other hand, also to appraise and judges administration exercise of power legitimately, the rationality to provide the explicit standard.The Administrative Procedure Act contains the composition of the value system of procedures, administrative procedures, values, and the Administrative Procedure Act of the value of different understanding of the values of the different administrative procedures resulted in the value system imbalances, however, the duality of the value of the proceedings at the same time with uniformity. The administrative procedural law's value has the stability, the hierarchical and the origin three chief features causes the administrative procedural law three kind of values - - fair, the efficiency, the order to achieve the intrinsic unification and the harmony. The administrative procedure as a result of the executive power utilization's characteristic has some unique value. These values, namely the intrinsic value (process value) manifests in the concrete principle and the system, including four parts, namely public, fair, participation, prompt. The administrative procedure's external value (result value), is refers to the administrative procedure achievement to realize the entity utilizable value. The administrative procedure's result value has contained five aspects: Namely the administrative procedure is advantageous to the substantive law correct implementation, the administrative procedure may control the executive power effectively, the administrative procedure is advantageous in improving the relative person's legal status, the administrative procedure is advantageous in raising the administrative efficiency, the administrative procedure is advantageous in containing and eliminates the corruption. Next paper has analyzed procedure idea faint present situation and the reason in administration domain of our country. The performance of its current status as follows: 1. Administrative procedures, lack of independent legal status; 2. Some heads of the executive authorities paid no attention to the administrative procedures; 3. Law enforcement officers lack of legal awareness of administrative procedures; 4. The rule of man instead of rule of law; 5. Judicial review of administrative acts too narrow; 6. The executive and legislative imperfections. Do not attach importance to the value of administrative procedures, will inevitably bring about some negative results are as follows: the Government's power goes unchecked inevitably lead to corruption, the legislature emphasis on the substantive law of the executive branch control, but will the administrative procedure is referred to the executive on its own development, This has inevitably resulted in the backwardness of China's administrative procedures, legislation and disorder.The State Council formulates the implementation"Comprehensive Implementation Summary of Legally Administration"to strengthen the administrative procedure value to have the realistic demand. Administrative procedures to strengthen the value we have adopted an effective means that the ideas of administrative personnel changes in education, so follow the principles of due process penetrate into every public servant's heart and other initiatives to enhance administration according to law in order to achieve rule of law and social harmony, thus realizes the government by law and the society is harmonious.