On The Principle Of Exclusivity Of Administrative Files

The procedural justice since the goal and content of rule by law, simultaneously also is the safeguard of rule by law. The administrative procedure is a process of which standards the administrative powers and manifests the rationality of administrative powers, is a important premise to realize rule by law. But whether the administrative procedure is developed is a important sign to weigh the degree of a state's rule by law. However, because of the existence of traditional ideas like the "heavy entity, light procedure" and so on, seriously affects and restricts the health development of our country's administration procedure legal system. Therefore, the administrative procedure of rule by law construction is especial important. If want to safeguard the hearing power of the relative person to full realize, must establish and consummate the principle of administrative roll. The administrative power received the full supervision, because of the administrative roll's kinds of features. The main contents of this article as follow:The first part, firstly to outline the administrative roll, the administrative roll is the total of materials of a case about evidences, investigations or hearing rolls. The hearing roll is one kinds of the administrative roll.The second part, mainly elaborates the performance of the principle of administrative rolls exclusivity in administrative judgments. First, according to the stipulation of the principle of administrative rolls exclusivity, the new evidence discovered after the hearing procedure, after reheard, those evidence can be become the basis of the administrative judgment. Next, through introduce the principle of administrative rolls exclusivity's utilization in foreign countries. Especially the American Federation' stipulation to the principle of administrative rolls exclusivity. Finally, point out the situation of the principle of administrative rolls exclusivity in our country. Because of lots of deficiencies, it is important to be performed in the legislation and the system.The third part is analyzes the principle of administrative rolls exclusivity whether suitable in the administrative decision-making. In this part, take the procedure of administrative legislation as the basic to analyzes, whether the administrative roll is the only basis to makes the administrative decision-making. Through the elaboration of American procedural legislation and the situation of our country's administrative decision-making, we know that the principle of administrative rolls exclusivity is unsuitable to use in administration decision-making, the administrative roll merely is one kinds of reference to make the administrative decision-making.The fourth part elaborates the potency of administrative roll in the administrative remedy. Firstly, the administrative roll of the administrative decision-making's function in administrative remedy hasn't explicated. In China, the judicial supervision of administrative decision-making is not stipulate. Next, analyze the potency of administration decision's administrative roll in the administrative remedy. In our country, although the principle of administrative rolls exclusivity is not clearly stipulated in the law of administrative reconsideration and the law of administrative litigation, but the connotation of the principle of administrative rolls exclusivity contains in them. Although, the principle of administrative rolls exclusivity have lots of deficiencies in administrative remedy, but establish the principle of administrative rolls exclusivity is the trend of the development of legislation.