The Study Of Administrative Record Exclusion System In China

Under the time background of democracy and the rule of law, people's awareness of using procedures to protect their rights and control the administrative power effectively has become increasingly clear. There is an emerging recognition that in the face of the strong administrative power the legitimate rights and interests of people relative mere abstract entity law that is not enough. More effective measure is through just procedure equipments to make "parties in the administrative process, not just passively protected, but also is actively protect themselves." Administrative records exclusion system as a system of administrative procedures, regulate in the process all facts and evidence of leading to administrative acts, effecting administrative acts, and as a basis for administrative acts to be included in the administrative records without exception, Once "in volume", records will not be allowed to arbitrarily change without from any individuals, organizations, groups interference and pressure. Administrative records exclusion system in strictly controlling administrative power, regulating administrative acts, ensuring the effective exertion of administrative power, increasing acceptable level of administrative acts and protecting the people's legitimate rights and interests plays an extremely important role. Based on the above factors, combined with China's national conditions and the extraterritorial experience, the author advocates the gradual improvement in our administrative records exclusion system. The thesis analyzes the establishment and perfecting of administrative records exclusion system in four part with the methods of historical analysis, comparative analysis, logic analysis, examples and so on. Starting to the connotation of administrative records exclusion system, the thesis, through contrast related concepts, clarifies administrative records exclusion system concept, and gives a brief description of the administrative records exclusion system features, and then its necessity and feasibility analysis, and the analysis administrative proceedings of the current status, At last, according to the condition of my country, the thesis expatiate the establishment and perfect of administrative legislation, the specific administrative acts, administrative reconsideration, administrative litigation; and have made some general, principled discussion in administrative records exclusion system equipped measures.