Value Orientation Of The Law Of Administrative Procedure

The relationship between justice and efficiency is involved notonly the economic field, but also the social field and other fields. Andin the field of administrative procedure act, it is also an importantissue. Nowadays, it has been developed into a global trend thatlegislate a unified Administrative Procedure Code. In our country, itbecomes urgent and important to develop a unified administrativeprocedure act. Among the legislation of administrative procedure,objective mode is the most fundamental and theoretical issue. Justiceand efficiency is the two core values of administrative procedure act,different relationships of them mean to different objective modes.Therefore, it is significant not only in theory but also in practice tostudy justice and efficiency and locate them properly. This article isto study the issue of the location of justice and efficiency inadministrative procedure law from the following aspects: first of all,has a clear understanding on the concepts of justice and efficiency,especially for their different reflections of value on administrativeprocedure. On this basis, recognize the complexity of the relationshipof justice and efficiency for they are not only mutual promotion, butalso mutual restraint. Secondly, compare the situation of the selectionof justice and efficiency among Germany, England, the United Statesand Japan, in the process of the emergency and development of theiradministrative law, in order to find out the general pattern of theselection of justice and efficiency on the administrative procedurelaw among the four countries. Thirdly, analyze the mode of efficiency,the mode of both justice and efficiency and the mode of justice. Thenput forwards the view that the mode of justice is the most proper in our country. Finally, explore the way of the realization of the valuelocation of Chinese Administrative Procedure Act. Based on the valuelocation of justice priority to efficiency of Chinese AdministrativeProcedure Act, we should develop a unified Administrative ProcedureCode with the mode of justice, establish the following fivefundamental principles: procedural rationality, participation,openness, fairness and justice, and timeliness; construct and improvefour basic systems: giving reason system, hearing system, avoidancesystem and time period system.