Research On The Function Of Administrative Procedure To Ensure The Government Integrity

The function of administrative procedures to protect the integrity of the governmentmeans under the premise of administration by law, based on the value orientation ofprocedure justice, for the goal of the government integrity, the function that theadministrative procedures have. There are many different ways to achieve the goal ofgovernment integrity. Compared with other ways, the administrative procedures havefour characteristics, which are objectivity, universality, validity and security. The fourcharacteristics have special meaning to protect the government integrity. According to thecharacteristics of administrative procedure itself, my paper sums up the main content ofthe function of administrative procedures to protect the integrity of the government:administrative procedural participation function lay the foundations for democracy forthe integrity of government, administrative power restriction function is the basicconnotation of the government integrity, administrative procedures increase profitfunction is the objective requirement of the government integrity, the integrity ofgovernment and administration procedure right safeguard function has the goalcongruence. In foreign countries and regions, the function of administrative procedures toprotect the integrity of the government has a series of certain theory and practiceexperience. For example, the United States who is famous for the case law uses the formof code to protect the government integrity. Germany, the typical representative of thecivil law, gives the full space to realize the function of power restriction to protect thegovernment integrity. In Japan, the justification of administrative procedure is the maincharacteristic in the protection of government integrity. These advanced concepts andsystems not only deserve our research and learning, but also can be seen by comparing aseries of shortcomings and problems existing in china.Based on the above analysis and discussion, the conclusions drawn in this thesis: thefunction of administrative procedures to protect government integrity has many problems.Therefore, it should be improved from the three aspects which conclude the legislation,law enforcement and legal supervision.