Research Of Codifying The Administrative Procedures In Our Country

Governing the country according to law and building a socialist country underthe rule of law is the fundamentally guiding principle of socialist legal construction.Governing the country according to law emphasizes the law-based administration, andthe law-based administration focuses on administrative enforcement of law, soregulating the administrative enforcement of law needs a perfect system ofadministrative procedural law. Making the administrative procedural code isbeneficial to unifying the system of administrative procedural law, which is good tothe systematization of administrative procedural law and promoting the procedurallaw consciousness of administrators and publics.“Administrative Procedural Law of People’s Republic of China” had beenincluded in the five-year legislative plan by Standing Committee of the Tenth NationalPeople’s Congress in2003. However, the highest organ of state power has yet toofficially start the legislative process of making the unified administrative proceduralcode. One of the main reasons is whether there is a legal infrastructure of making theunified administrative procedural code, which is the different point of view betweenthe theory and the practice. It still lacks the empirical analysis about the mature ofadministrative procedural law in legal system of the whole country. The“Administrative Procedural Regulation of Hunan Province” was promulgated in2008,and the “Administrative Procedural Regulation of Shandong Province” waspromulgated in2012, which is the domestically empirical experience of theadministrative procedural code. Meanwhile, integrating the legal experiences ofdomestic and abroad, can benefit the process of the administrative procedural code.First of all, I briefly introduce the concepts and features of the administrativeprocedure and the administrative procedural law in the article. And then, I analyze thelegally status of administrative procedural law of our country and the problem, necessity and feasibility of the administrative procedural code. After the analysis ofthe present status and problems, I introduce the advanced experiences of abroad anddomestic. I introduce the contents of the administrative procedural code of the twocountries, and summarize inspiration from the advanced experience by thecomparative studies. I introduce the contents of provincial administrative proceduralregulations of Hunan and Shandong, and analyze the merits and disadvantages of thetwo provincial regulations and the process of the administrative procedural code. Atlast, according to the developing status of our country’s administrative procedural lawand on the basis of advanced experience of abroad and domestic, I put forward myviewpoints about the system design of our county’s administrative procedural code.