Reach On The Negative Impacts And Elimination Of Legal Subculture To Administrative Justice

Justice is one of the fundamental value belong to law, is the goal of human society. Since 2005, the Communist Party of China proposed to build "harmonious society" as a governing strategy task, "the democracy and rule of law, justice, sincerity, amity, vitality, stability and order, harmony between man and nature" of the main content of a harmonious society. "Our country's development is not only to improve economic development, but also to promote social fairness and justice, the promotion of human full and free development, which can not be neglected. Focusing efforts on developing production, its fundamental purpose is to meet the growing material and cultural needs. and social equity and justice, is the foundation for social stability. I think that fairness and justice is more shine than the sun. Not only refers to the modernization of China's economic development, it should include social equity, justice and morality strength. "fairness and justice in society is the meaning of the law, administrative justice is a part of social justice. Administrative justice is the government and public administration direct to the justice of society and individuals, is a safeguard and promote the rights of the community members, opportunities equality of public conducting. It requires the interests of social relations between the various aspects which sovles in coordination, and other social contradictions among the people conflicts are dealt with properly, social equity and justice has been effectively maintained and realized. Administrative justice is the sum of system justice and fair conduct. Chief justice to establish the authority of the administrative organ, to promote social stability and foster the faith of legal to citizens,having a legal significance. However, in real life, there are lots of injustice, especially with the expansion of "Administrative State" and the use of administrative discretion, administrative action can not be effectively controlled, the administrative justice is difficult to be guaranteed.In the real life, in addition to the case according to law, but also there are a lot of case which compatibility with the normal legal relations, but do not match, or not contrary to the situation. These cases are not approved by law which manipulate the various relations between these conditions, but in fact, what plays a role which broader and more meaningful in the legal relationship, even in a large number of cases which in place of the law,creating "the second law." What hidden behind the normal administrative legal relationship, is this article to study the administrative law sub-cultural relations. The legal sub-cultural relations play in significance role in our society which official legal regulation can not play, but on the other hand, due to the legal sub-culture which hard to control by the official law, it also had a negative impact on law enforcement. Particularly in certain social sectors which difficult for official legal to regulate, the public will choose the appropriate way which they believe to solve. That law enforcement is not in play or change the law enforcement might adversely affect the implementation of administrative justice, and the problem of this phenomenon will study and discuss.This article is divided into introduction, body and conclusion. This text is divided into five major points of the paper discusses:The first part is the basic theory of the legal sub-culture and the administrative justice. By to discuss culture, subculture, legal sub-culture, the three concepts to understand the content of the legal sub-culture; On the other hand, the concept of administrative justice are discussed.The second part researches on negative impact about legal sub-culture to administrative justice, and such countermeasure about the elimination of the negative impact.The third part researches on negative impact about legal sub-culture to administrative legislation justice, and such countermeasure about the elimination of the negative impact.The fourth part researches on negative impact about legal sub-culture to administrative enforcement of law justice, and such countermeasure about the elimination of the negative impact. The fifth part researches on negative impact about legal sub-culture to administrative administrative judicature justice, and such countermeasure about the elimination of the negative impact.Although administrative justice is difficult to full realize at this stage of the society, but I believe that as long as eliminate the negative factors affecting administrative justice, administrative justice will soon be realized, the run state affairs according to law in our country will develop to a higher level, and realize all social equity and justice.