The Establishment Of The Administrative Remedy Principles In China

As a legal remedy system, the administrative remedy is developing rapidly in the word. In China, due to the administrative law's late start, our research of the administrative remedy theory is on the beginning. As a necessary part of the administrative law, the administrative remedy law is an organic whole. In order to ensure that the administrative remedy legal system could be set up more scientifically and implemented more effectively, academia need to make a thorough study of the basic principles, which is running through the administrative remedy system and its operational mechanism, and which is of universal significance of the administrative remedy activities.No final conclusion has yet been reached on the connotation of the principles of administrative remedy. We can determine the connotation of the principles of administrative remedy by defining the concepts of legal principle and administrative remedy. We can define the value of the principles of administrative remedy by comparing the principles of administrative remedy and the other administrative principles, the basic spirit of administrative remedy and the basic system of administrative remedy. Some developed countries and regions have owned their relatively mature system of administrative remedy, although there are some differences between them. The experiences could be used for the establishment of the principles of administrative remedy in China.Scientific, accurate and objective setting standard is the essential prerequisite of the establishment of the administrative remedy principles. It can be established as the basic principle of administrative remedy only when it can meet the intrinsic value and extrinsic form at the same time. By these standards, the paper divides the principles of administrative remedy as six. The six principles confirm and add each other, they are the basic tenets and norms that should be followed when set-up and implement the administrative remedy institution, it permeate all of the administrative remedy system and its operating mechanisms, and has the universal instruction significance to the administrative activity. In addition, considering there may be principles conflict when they are used at special cases, we should judge the legal benefits of each principle to decide which principle should be used, so to make the best possible use of the principles of administrative remedy.