Study Of The Legitimacy Of The Administrative Procedures

Since the 1980s, the point of order has aroused the educational world widespread interest, already obtains the plentiful research results in the procedural law domain. In our country administrative law educational world, also chased in recent years regarding the administrative procedural law research gradually becomes the popular topic;In the legislation domain, the administrative procedure specific legislation is formulated unceasingly , Legislature's already prepared to formulate the unified administrative procedural law. However the author believed that, at present The administrative procedure not inevitably is the right administrative procedure, the administrative procedure in the law can stipulate is only the most basic request,We should pay attention are the legal administrative procedure whether conforms to the legal validity requirement. Therefore, we must differentiate the administrative procedure and the right administrative procedure in the idea and the system, then comprehensive construction right administration procedure, advancement administration government by law construction. This article needs to solve how is the key question discusses the administrative procedure validity rationale and judges the administrative procedure the validity,as well as the realization right administration procedure should have the threshold procedure is fair.In order to achieve this research goal, this article divides into five chapters to conduct the research.First chapter is the introduction. In this chapter introduced the paper selected topic the mentality, through is clear about the theory value and the practice significance to the correlation question research present situation simple summary which this article studies.Second chapter is the administrative procedure connotation, the characteristic and the function. The author thought the administrative procedure is the administrative main body and the administrative relative person carries on the negotiation on the specific item the legal frame.In this chapter to the administrative procedure characteristic, the function has also made the discussion, involved the related concept to this article to carry on the limits. Third chapter is the administrative procedure validity rationale. Proposed the natural justice is the administrative procedure validity theory origin, the right legal proceeding administrative procedure validity external value, the procedure just is the law justly in the procedural law development higher phase, is the administrative procedure validity intrinsic value. And has analyzed the nature just idea, the right legal proceeding principle, the procedure just idea to the administrative procedure validity value.Fourth chapter is the administrative procedure validity judgment. This chapter through to the traditional judgment pattern rationality and the insufficient analysis, proposed should establish the new judgment pattern. The author thought should by the procedure justice and the entity just dialectical unification, fair and the efficiency dialectical unification, the individual right and the public interest dialectical unification judges the administrative procedure the validity.Fifth chapter is the administrative procedure validity and the threshold procedure is fair. The author thought needs to establish the threshold the procedure fairly guarantee administrative procedure to human's each procedure right, human's dignity respect, this guarantees the administrative procedure validity core question. In this chapter, the author proposed the procedure participation, the procedure neutrality, procedure openness is the threshold procedure fair request.Finally is this article conclusion.The major point proposed which to this article has carried on the summary, and put forward the proposal. The author thought should in establish the right legal proceeding provision in the constitution, establishes the right administrative procedure principle in the administrative procedure statute book, and legislates and the judicial developing simultaneously way establishment, the construction right administration procedure idea and the system.