The Value Analysis Of The Administrative Procedure

With the continuous development of society, modern administrative power expansion, the traditional administrative control of power mode cannot have satisfied modern administrative requirements, people begin to seek through administrative procedures for administrative power to its control. But in our country, because long "man" social influence, social scope generally formed a "heavy entity, light program" perception that administrative procedure is attached to the administrative entity results and existence and its existence main purpose is to ensure that the correct, as for the entity itself value is administrative procedures for rare person make inquires, this procedure value neglect reflected in administrative activities middle-upper represents a strong administrative organs are often dominated, while the administrative relative person often weak position, this and the requirements of the development of modern society ruled by law is discrepant. In order to change this heavy entity and light procedure phenomenon, awaken people to the attention of procedure value, this paper takes the value analysis of administrative procedures for the topic by four parts, this paper discusses the comprehensive introduction, this article has discussed the related theory of administrative procedure value of administrative procedures, hope through a comprehensive analysis of the value of a gradual shift, make people about their thinking, the administrative procedure procedural rights, instrumental value and combine their independence value using to specific administrative activities.The first part of this paper is to the administrative procedure Outlines the relevant theory of administrative procedure, mainly introduced the related concepts and their relevant features, then introduces the administrative law in different using mode, the concept of administrative procedures people experienced by several changes:administrative management theory of administrative procedures under the mode of extreme not value, emphasize only the value of administrative law, administrative law control of power theory mode have started to use "natural justice" and "proper legal procedures" principle of administrative philosophy to the early program administrative behavior on the judicial examination to equilibrium theory mode-that should use the administrative procedure act of administrative subject, and let the administrative relative person restricted enjoy more procedural right through administrative procedures, hope the value of administrative management, fully realize the justice and efficiency, order and freedom is in a state of relative balance.The second section describes the legal procedures the historical development of the theory of value, begin from value and method of the value of general discussion of the related concepts, introduced by value to introduce legal procedure value theory of several kinds of typical view:(1) Bentham's utilitarianism program theory--is attached to the substantive law and procedural law exists, and programs exist the main purpose is to form the correct entity results; (2) Posner's economic cost program theory-highlighting to minimize "direct costs" and "error cost" consumption, let finite maximize the use of legal resources; (3) Dworkin's moral cost program theory-- legal procedures should keep its impartiality, avoid to bring innocents because the victimised injustice; (4) Summers's procedure value theory-except a tool value legal process, except that it also has program own values; (5) Mashaw's dignity value procedure theory-a procedure legal process the main standard shall not legitimacy is based on whether it makes of the dignity of people get a comprehensive protection; (6)Bayles's the intrinsic value of the program-highlighting the theory of administrative procedure intrinsic value, trying to study the intrinsic value of administrative procedure procedural value found to resolve disputes by way of administrative procedure, and paying attention to the research on the influence of the psychological level people.The third part of the administrative procedure is introduced instrumental value. The administrative procedure instrumental value mainly includes three aspects:the substantive justice, order and freedom. In the substantive justice of administrative procedure is mainly introduced how to ensure that the substantive justice is the, the main performance for the following two aspects:(1) the administrative procedure to the correct implementation of the administrative law, thus effectively guarantee the substantive justice; (2) the administrative procedure can effectively control administrative discretion, so as to ensure the correct, maintain the entity substantive justice. In the order value is mainly introduced in the order of the administrative procedure Outlines and general value for order in the security role, but freedom value is mainly introduces freedom value and administrative procedures is how to guarantee the rights of people to pursue freedom.The fourth section describes the administrative procedures, independent value. The administrative procedure independent value mainly include the following three aspects:the procedural justice, efficiency and dignity value. First, in the procedural justice value, mainly introduces form sense of procedure justice-legitimate legal procedures and how to ensure that the contents on the design procedure value itself has the administrative procedure procedural justice value, then introduce shown by the specific procedure system:(1) told system; (2) avoid system; (3) the hearing system; (4) explain the reason system; Second, in efficiency value, first on efficiency value, and then introduced briefly in the design of the administrative procedure, we should from what respect to grasp the efficiency value, finally introduce efficiency value showed what specific program system:(1) limitation system; (2) the summary procedure system; (3) lawsuit not cease execution system; Third, in dignity value, also is first value of dignity, then briefly discussed to realize the dignity of the administrative procedure value, we must from participating in the two principles of equality and starting research.Through the above the value of administrative procedure, this paper comprehensively the administrative procedures shall be final claim independent value instrumental value and combine the whole process of use in the administrative activities, let people realize administrative procedures in addition to play a good "results effectiveness" outside, still have their own independent value, thus make the administrative procedure play their due role.