Administrative Procedures For The Issue Of The Rule Of Law In China Is Discussed

The Fifteenth National Congress of the CPC put forward that ruling the country by law is the basic principle the Party pursues while it leads the people in running the country. Achieving legal administration is the core hi governing the country by law. To achieve legal administration, to regulate administrative power, to protect citizens' lawful rights and to raise administrative efficiency, the legalization of administrative procedure must be pushed forward. The thesis focuses on the legalization of Chinese administrative procedure and is composed of three parts.Part One: Necessity and pressure of the legalization of Chinese administrative procedureFirst, the author analyzes the definition of administrative procedure and deems that administrative procedure is the procedure by which administrative organ enforces administrative power. In modern society, administrative procedure law has two functions: protecting individual rights and raising efficiency of administration. Thanks to the development of market economy, democratic politics and ruling the country by law, the process of the legalization of Chinese administrative procedure must be accelerated.Part Two: The current circumstances and existing problems of the legalization of Chinese administrative procedureThe author briefly introduces the achievements that China has made since reforming and opening up in early 1980s.Then the existing problems are analyzed thoroughly. The author argues that the underdevelopment of fair legal procedures relates to the intentions of 'non-litigation' ,power being powerful than law,and substantial law being more important than procedural law. The author analyses how the problems existing in the enforcement procedure and law-making of the administrative law impede the legalization of Chinese administrative procedure.Part Three: The tasks of pushing forward the legalization of Chinese administrative procedureFirstly, the author explains that China's law-making body and administrative body should pay much more attention to the legalization of administrative procedure. Secondly, the function type and basic principles of the administrative procedural law making ought to be studied fully and thoroughly. Thirdly, beginning with sorting out the existing administrative procedural regulations and experiences of the legalization of administrative procedure, after selectively and separately codifying the procedures, a comprehensive administrative procedure Act should be enacted. Fourthly, the legal supervision system for administrative procedure should be perfected, and the supervision function of public opinion be made full use of. Finally, based on the principles of seeking truth from facts and advancing step by step, while learning from the experiences of Western countries, a high-level, modern ,comprehensive administrative procedure act will come into being.