The Disquisition Of Administrative Proceedings Basic Principle In China

Administrative Proceedings basic principle is the core of legal norms of Administrative Procedural Law. As the revision course of China's Administrative Procedure Law, academic theory put forward many concept-system rules, but there's relatively small on the basic principles of the Administrative Proceedings, and there are also many defects on the theory. It is necessary to discuss the theory of the basic principle of Administrative Procedure Law. Not only is this conducive to the improvement of administrative litigation system, but also provide better conditions for the substantive work of administrative proceedings. Based on the existing administrative proceedings related to the basic principles theory, this article presents some points and wish to contribute to the amendment of the Administrative Procedure Law.This paper is divided into three parts. The first part mainly explains the concept, features and evolution of the basic principle of administrative proceedings. The characteristics of the basic principles of administrative proceedings are embodied in the "administrative proceedings" and the "basic" two aspects. As for other features, because it can't reflect the fundamental principles of administrative proceedings characteristics, the article did not address. In the last 20 years, with the development of China's Administrative Procedure Law, there was no consensus reached on the basic principles of Administrative Procedure Law.With the comparison between the basic principles of administrative proceedings and administrative law basic principles, the basic principles of procedural law, as well as specific principles and rules of administrative proceedings, the second part puts forward this view: China's current basic principles of administrative proceedings merely includes the principle of legality review. Of course, it does not preclude the new principles with the progress of society and the development of the theory. Meanwhile, there are also many defects about the principle of review to the specific administrative acts.In view of the problems in existing provisions, the third part tries to re-interpret the principle of legality review. As for the scope of the administrative proceedings, the abstract should be increased to the legality review, which is no longer a theoretical issue but a legislative matter of practice. Besides, this paper also describes the principle of the limited legality review. Finally, Evaluating of the relationship between the legality review and the reasonable review, the paper maintained that China should adopt the single principle of legality review, which was in real terms means of the legality, rather than a simple legal form.