Mode Selection And Construction Of Legislative Administrative Procedure Law In China

This paper carries out a deep and systematic study of the legislation model and the liabilities of violating of the Administrative Procedural Law (APL). Three chapters consist of this paper.Chapter one is on the basic theories of APL. First, the author analyzes the definition of administrative procedure, compares administrative procedure with judicial procedure in order to show the similarities and differences between two procedures and summarizes the variety of administrative procedure. Then , the author defines the concepts, characters and functions of APL so as to set up theory terrace for the further study. At last, the author analyses the APL present conditions of China and elucidates the procedure sense, achievements in legislation problems existed in our country.Chapter two is on the choice of mode of APL in China. Section one, aim mode. The author makes the important significance clear and makes comparative research on the mode of individual right and the mode of efficiency. On the basis of analyzing the factors influence the choice of aim mode, the author indicates the aim mode of APL of China.Section two, style mode. There are two style modes of APL-------the law mode and thecode mode. After analyzing the merits and demerits of two modes, the author puts forward the style mode and the legislation procedure of China. Section three, system mode. After analyzing the factors we should consider when we establish the system mode, the author raise six kinds of basic system the APL of China should stipulate and make a concrete analysis of every system.Chapter three is on the liabilities of violating APL. First, the author confirms the concept of the liabilities of violating APL. Second, on the basis of analyzing the external regulation, the author probes into setting up the mechanism of liabilities of violating APL and provides concrete suggestions.