On Administrative Procedural Mode

Since the 20th century, the international political economic form has changed greatly, enforcement of executive power range has expanded constantly, legal consciousness of citizen has strengthened notably. Therefore there are a lot of problems such as lawsuit exploding, lawsuit delaying, expensive question of lawsuit. They have brought and assaulted the already existing administrative procedural mode. There is strong doctrine color of functions and powers in our country's current administrative procedural mode. With establishment and completion of market economy, the drawback of the doctrine administrative procedural mode of the functions and powers is much critical day by day. The development of the law and reformation of system require that administrative procedural mode must be changed completely. It aims to realize administrative procedural purpose. This article attempts to carry on the discussion to the completion of the administrative procedural mode of our country.Chapter one is the kind study of the administrative procedural mode. This article adopts the historical analytic approach and comparative analytic approach to introduce the foreign typical administrative procedural mode. Then it introduces party lawsuit mode and functions and powers doctrine lawsuit mode. The article compares two kinds of lawsuit modes, summarize the development trend of the administrative procedural mode.Chapter two is the characteristic and defect research of the current administrative procedural mode of our country. The characteristic of the current administrative procedural mode of our country is an advantage of court's position in the contentious procedure, court's initiative functions in evidence court collecting, court's quest in trial course, leading factor on court's function in the case carry process. The deficiencies of the current administrative procedural mode of our country are judge's role is reversal, the court's trial becomes a mere formality, lawsuit efficiency is low, and the judicial procedure is ignored.Chapter three is the completion of the administrative procedural mode of our country. The article has analyzed the factors that have influences the administrative procedural of our country. It mainly includes the development trend of the lawsuit mode, the influence of traditional legal culture, the value and purpose of administrative procedural, the characteristic of administrative procedural. Then the article has proved the choice of the ideal administrative procedural mode of our country on this foundation. At the end the article has designed the ideal administrative procedural mode of our country. It mainly includes the reform of the procedure before the trial, the examination of the target's establishment, the red integration of the way to judge, the perfect of evidence system and establishment of mediation system.