The Analysis Of China's Administrative Procedure From The Sociology Of Law

This article takes the method of sociology of law to analyze our country's administrative procedure. Macroscopically speaking, the method of sociology of law includes benefit analysis, functional analysis and role analysis and so on. The author considers the administrative procedure as the legal phenomenon from the viewpoint of sociology of law, analyzes our country's demand to the administrative procedure at present stage from the standpoint of the benefit, function and role. This article describes and analyzes convention of administrative procedure from the broad angle of sociology of law, and analyzes the role of subject of administration and private party in the process of administrative procedure'operation.View from the point of demand of society, the target of administration according to law, the development of the reform of administrative management and the raising of understanding of the obligations of the citizens set higher request and expectation to the administrative procedure. From the angle of unofficial rule, it should break through the monism limit of official regular, and concede the positive function of administrative procedure convention. From the point of subject of administrative procedure, it is key link of constructing inter-subjectivity of subject of administration and private party to strengthening the status of private party, i.e. the process from unbalance to balance of rights and obligations.The analysis to administrative procedure from sociology of law indicates that, in the construction of our country's administrative procedure, it should concern multi-subjects'benefit demands, pay attention positive function of convention of administrative procedure and promote the status of private party.