The Research Of Administrative Procedures And Legislation Based On Fairness And Justice

The continuous development of the socialist market economy and the deepening of the reform of management system will inevitably cause the change of social structure,it also easy to cause various phenomenon occurred in violation of justice, too. As a modern country under the rule of law, the rule of law is the basic content of building a harmonious social with fairness and justice. So it should use legal weapons to regulate phenomena in violation of fairness and justice. As the core content of the rule of law, administration according to law is the important guarantee to realize fairness and justice, it is also an important index to guide the administration work. Administrative activities cover all aspects of the state and social affairs, administrative discretion is widespread in the exercise of executive power, but the discretion’s boundary is not clear will lead to abuse of administrative power. To effectively restrict administrative power, administrative organs must follow certain methods and steps in the process of management, so it need to establish the modern sense of scientific administrative procedures. The effective implementation of the administrative procedure is inseparable from the legislation safeguard, The administrative procedure law which is advanced and complete is an important symbol of the modern rule of law. Through years of accumulation, theoretical research and practice of our country’s administrative procedure legislation have made great progress. In2008, the establishment of administrative procedure of Hunan province regulations is realized the unification of the regional administrative procedure. Although it is the local government administrative procedure standard, does not call the administrative procedural law, but its publishing and implementing have written a new chapter to the administrative procedure legislation in our country,and it has an indelible contribution to the realization of national administrative procedure legislation in the future. There is no doubt of the importance of administrative procedure, to promote administrative procedure legislation, to perfect our system of administrative procedure law, both has the vital significance to the constructing government under the rule of law and realize social justice harmony.The first part of this article mainly expounds the research background and significance of this topic, introduces the different scholars on the research achievements of administrative procedure, administrative procedure is an indispensable part to achieve and maintain of the value of fairness and justice. The second part analyzes the administrative procedures associated with fair and justice. Firstly give a simple instruction about the core concept of administrative procedure briefly, secondly administrative procedures to maintain fairness and justice value is mainly manifested in:one is to restrict administrative power, second is to safeguard entity implementation, third is to safeguard the legitimate rights and interests of administrative relative person, four is to improve administrative acceptability of administrative behavior, improve the administrative efficiency. Then analyzes the adverse effects brought by the absence of administrative procedures, such as the abuse of discretion, harm public interests, etc. The third part combining the evolution of the development of the administrative procedure legislation in our country, analyzes the main problems existing in the administrative procedure legislation. The fourth part combine with the analysis of the administrative procedure and legislation, based on the fairness and justice, put forward some suggestions to administrative procedure legislation from the target model, basic principle, supporting system and responsibility.