A Study On Judicialization Of Administrative Procedure

Judicialization of administrative procedure focus on the discussion of administrative procedure's absorption of litigation procedure. However, the scholars don't undertake a wide and deeply research on it. The thesis bases on the limited common concept on this issue, chooses formal administrative hearing as subject of research, and makes an elementary analysis about judicialization of administrative procedure.This article consists of three parts. The connotation and discussion circumstance of judicialization of administrative procedure is given in the first part; through comparing judicialization of administrative procedure to litigation procedure, the author analyze formal administrative hearing procedure's absorption of litigation procedure, finally discusses the rationality of judicialization of administrativeprocedure from two aspects------the possibility and necessity of administrativeprocedure's absorption of litigation procedure. Part two starts from the theory predicament of administrative procedure's absorption of litigation procedure and the challenges it meets. Through introducing the history of judicialization of administrative procedure in U.K. and U.S., the author presents the principle of due process; reasons how to interpret judicialization of administrative procedure properly based on due process in the end. The main content of the third part is about the right position of judicialization of administrative procedure. In the author's minds, to construct and carry on administrative procedure, some application mechanism of due process, procedural technical rules and legal ideas can be borrowed from litigation procedure.