On China's Administrative Procedure Legislation

Administrative Procedure Act in the rule of law plays an important role. The current legislative situation in China can not meet the needs to develop a untied administrative procedure law. From the program this article analyzes the relevant administrative procedures and the basic theory of the Administrative Procedure Act, using comparative analysis, the compare study typical foreign national legislative experience in the administrative procedure law to reveals the basic of the Administrative Procedure Act and system situation of China, proposes to build for China's Administrative Procedure Law Legislation.This article discusses the four parts of the administrative procedure legislation. The first part focuses on the basic theory of the Administrative Procedure Act, the meaning from the program analyzes the emergence and development of the administrative procedures, defining the definition of the Administrative Procedure Act, of the Administrative Procedure Law theory, the constitutional basic for the basic of administrative law, administrative procedure law and common law statutory source, the Administrative Procedure Act of the three functions, the basic legislative values Administrative Procedure Act. From these basic theories recognize the importance and necessity of the Administrative Procedure Act, so as to further explore how to build suitable for China's Administrative Procedure Act. The second part, with the comparative analysis method, analyzes the offshore administrative procedure law of historical development and its enlightenment to us, introduced the development of foreign administrative procedure legislation in the three stages, then introduces the United States, Germany, Japan and Taiwan of China. The Administrative Procedure Act and the main reason for the content of the legislation, drawing on experience of foreign advanced legislation to build administrative procedure law for China's national conditions. The third part, from China's national conditions, China's Administrative Procedure Act introduces three historical stages of development, legislation analysis of the status of administrative procedures and the necessity of further demonstrates the need for a unified China's Administrative Procedure Act. The fourth part describes the administrative procedure law legislation envisaged. By the Analysis of the scope of the Administrative Procedure Act, the right to choose both the efficiency of the target model of democracy, justice, efficiency of the basic principles, introduces the hearing system, open system of a information, a challenge system, the legislation responsibility of the Administrative Procedure Act mechanism to determine the legislation intent and legislation content, proposed legislation framework. This article on in-depth, systematic study of the early introduction of China's reunification and make a modest contribution to the Administrative Procedure Act.