Research On Code Of Chinese Administrative Procedure

The core of running the country according to law is to administer the state lawfully, and the focal point of administrating the state lawfully is the administrative enforcement of law,with difficulty in enforcing the law according to the administrative procedures strictly. The administrative procedure is a vital means to prevent the administrative organs from abusing power and exercising administrative tyranny, while the justice of procedures provides the premise and guarantee for thejustice of the main body. It is an important step for the development of China's democracy and legal system to formulate the law of administrative procedure,which is of great significance not only to further develop democracy,to protect civil right and combat corruption and bureaucracy ,but also to improve administrative efficiency effectively,to improve the socialist market economy system and build a socialist country under the rule of law.It's encouraging to see that the circle of administrative law of China has gained exuberant achievements, ranging from general outline in teaching materials to introductions, comparison, analysis and summary in specialized dissertations and books. What is more, the implement of the provision of administrative procedure of Hunan Province, the first systematic local law of administrative procedure in China, symbolizes a significant step toward the effort to administrate according to law and establish a law-based government. It is of great importance during the building of legal system of our country. Then, the study of this law has a monumental reference to the formulation of a uniform administrative procedure law in China.Based on this perspective, starting from the concept and function of administrative procedure above all, this thesis illustrates the features of administrative procedure, and discusses the necessity of administrative procedure law in our country. Next, an in-depth analysis of the provision of administrative procedure of Hunan Province is performed, including the innovative efforts of that law in the aspects of the principles of administrative procedure, legislative intention, the applicable range of the principle of files exclusivity, and the form of responsibility of procedural violation. What is more important, this thesis points out the shortcomings of that law, including the narrowness of the sphere of administrative assistance, its coarseness of the administrative decision-making procedure, and defects in the punishment of administrative procedure. Last, several important particular procedures of administrative action which is still a vacant part in law are exemplified in an effort to the legislation of a uniform administrative procedure law in China which can perfect the administrative procedure and control the abuse of executive power.It's a very important topic for the development of modern legal system of China to set up law of administrative procedure to regulate the exercise of executive power. It correlates with the progress of administrative law. We cannot satisfied with the current theoretical research, but apply it to practice so that we can analyze and discuss it practically, and contribute to the modernization of the legal system of our country.