Administrative Files Evaluation System Research

Administrative files evaluation system, an important part of the administrative procedure law, is the specific performance of the procedure. The research focuses on the institutional change, status quo and application of the system in administrative and judicial activities, which has important theoretical and practical value to optimize the administrative system, promote legal building and realize fair judgment. However, in current study of the field, the research of administrative files evaluation system is still a weak link of the administrative law study in China. Therefore, an intensive study of the system is necessary and urgent.From the practice of legislation, The Program for Comprehensively Implementing Government Administration in Accordance with the Law issued by the State Council in2004defined in its item21the need of establishing administrative files evaluation system in national administrative law enforcement. The system then gradually evolved. From the practice of system, most provinces have released documents on strengthening administrative files evaluation system and have established administrative law enforcement files evaluation system which includes administrative punishment, administrative licensing and administrative compulsion. However, it is undeniable that China’s administrative law enforcement files evaluation system is still in the initial stage and there exits many problems, for instance, the defect in legislative level, the imperfection of the system itself and the deficiency of relevant systems. The main reasons involve the lack of awareness in perception, fuzzy cognition, insufficiency in understanding the system and the lack of attention in procedure legislation.Through the study of foreign administrative law enforcement files evaluation system, it can be found that the administrative law enforcement files system has expanded from Anglo-American law system countries to Continental law system countries and the system is gradually improving, which provides the experiences for China to draw on.China’s administrative law enforcement files evaluation system can be carried out in two aspects. The first is the update of concept and procedure:to build the idea of administrative law enforcement files system, renew the way of thinking of civil servants and to expound the value and goal of the system; to improve the relevant provisions of the administrative procedure laws; and to standardize administrative law enforcement procedure. The second is the renovation of specific systems, which include:to work out a reasonable standard for administrative law enforcement files evaluation, to establish related files evaluation systems, to determine the way of files evaluation, to set up the long-term mechanism of the system, and to institute the guarantee mechanism of the system.