Administrative Files And Exclusive Principles

In the modern sense not only to guarantee citizens legal entity right, and to guarantee citizens procedural rights, only realize the procedural justice to achieve results justice. Therefore, we must ensure that citizens have the right program, this also is to the administrative organ of the state is the inevitable requirement of program, and violation of procedure justice must bear legal responsibility. The modern program in programming into the fight and restriction mechanism, to the administrative relative person provides the opportunity to participate in, mass debate, to respond to the formation of the new type of administration, the more embodies the respect for human rights. The principle of administrative files exclusive discussion is made the decision to administrative organs of the binding books were administrative problems, through the administration of administrative behavior was whole, comprehensive records, and in accordance with the administrative behavior, making the administrative procedure from into "Formalism", in the administrative procedures in a core position, in is to make administrative action set the program requirements; It is also the administrative lawsuit important evidence principle, only by the record books of evidence to prove the legality of administrative behavior.Looking for Chinese legal process, administrative files exclusive principle only referring to some laws and regulations, no system or interpretation of the rules, China is still a lack of administrative procedure law principle of administrative files exclusive explicitly stated. In human province promulgated by the human administrative procedures provisions, in paragraph4of article143of the specified "administrative authority shall, according to the record, hearing the administrative law enforcement decision without hearing the cross-examination. Evidence, cannot serve as the basis of administrative law enforcement decided to make " it shows that local government rules have taken a key step, procedural law rules and regulations have been in was made clear in the administration of the books were important status and role, although the lack of supplements and exception principle, appear too stiff, and rigid, but it was to the administration of the principle of exclusive development played a crucial role.Based on the above reasons, combined with the condition of our country and foreign advanced experience, the author thinks that the administration should be the principle in our country was exclusive administrative procedures as the basic principle, this paper using logic analysis and the method of comparison, step four points discussed the principle of administrative files exclusive. This article from the basic principle of the principle of books were exclusive cut, to its meaning, value, forming the basis is discussed, this paper introduces the foreign books to the administration of the principle of exclusive regulations and inspiration, and in our country’s administrative files exclusive principle problems analysis, and based on this, advances the perfect our country administration was suggested that the principle of exclusive, and finally addressed the perfection of the relevant legislation, certification system, the principles of additions and exceptions. the hearing system. supervision and relief system.