A Research On The Realization Of The Administrative Procedure's Value

As a modern rule of law to control the power mechanism, the administrative procedure surpasses the power mechanism of traditional rule of law. It can avoid the stiffness and rigidness of traditional mechanism to control power both by fettering government behaviors and preventing government from the behaviors without restraint and overflows of power when implementing the administrative action. It is advantageous to completely arose the enthusiasm of officials restricted by administration to participate in the national management and administrative action, and avoid the limitation of "authority restricts authority" under traditional rule of law. It demands the realization of institutionalization, standardization and procedure to administrate legally, and it is necessary to conduct research on the administrative procedure value so as to push forward the steps of administrative legalization, because the administrative procedure value is a primary and most abstract concept. Only under its instruction, can administration carry on research and establishment better concerning the goal pattern, the principle, the basic system and function of the administrative procedure. There exists a dispute on the administrative procedure value in theory between the result theory and the standard theory but according to the analysis of value theory law, it includes the external value and the intrinsic value. The intrinsic value of administrative procedure refers to the value that it has and manifests when existing independently, mainly including social justice, the administrative potency, human nature dignity and order stabilization, while the external value of administrative procedure refers to the value of substantive law manifested through the administrative procedure. Because of the historical and realistic reasons, the external value of administrative procedure continuously receives excessive attention from both the theoretical and practical circles, which causes the absoluteness of instrumentalism and in turn causes the prevailing of procedure nihilism, and finally results in the appearance of despotism. The deepening of market economy system and the pursuing of administrative legalization by citizens require an emphasis transfer from the external value to the intrinsic value as regard to the research and realization of administrative procedure value system. Under the administrative procedure value, there exists a kind of contradicted and unitive relationship between the social justice and administrative potency value. According to the realistic national condition, our country should realize the administrative value by setting the administrative procedure value goal of establishing the social justice first and simultaneous give dual attention to the administrative potency, and consummate administrative procedure system and procedure right of officials restricted by administration under the instruction of this choice.Through the meaning analysis and theoretical inquiry to the administrative procedure value, this paper elaborates the contents of administrative procedure value system and the system and economic basis manifesting the administrative procedure intrinsic value. The realization of administrative legalization should be accelerated through establishing the corresponding modern administrative procedure law institutional framework under the instruction of administrative procedure value system.