Judicial Procedures Of The Administrative Punishment

Western countries have reformed in the system and made the administrative procedure more judicature which means instead of the traditional administrative procedure through drawing lessons from the operation mode of the judicial power, so it could ensure the Citizen’s right to obtain information and participation in administrative activities. Since1996, when China promulgated the administrative punishment law, we have made great progress on administrative punishment procedure system. Although we have introduced a program of the hearing procedure of administrative punishment, but the judicial level is not ideal. So it is necessary to do some further study about the origin and connotation of Administrative judicial procedure. Through the elaboration justice value and efficiency value of the administrative punishment procedure, we can understand the value orientation of administrative punishment procedures, Referencing to advanced system in administrative punishment procedure of the United States, Japan, Austria and other foreign countries, analyzing the development status of administrative punishment procedure in China, put forward the concrete measures of judicial procedure, then we can Put forward the specific measures about the judicalization of administrative punishment procedure. It is contribute to the furtherance of the development of the Administrative punishment procedure.This paper mainly discusses the issues by the value analysis, history analysis, and comparative analysis methods. We deeply measure the value orientation in the administrative penalty and the containing spirit of law in the procedure of judicature to proceed the judicature of administrative procedure, as well as laying the value foundation for resolving the problems better which is occurred in practice by value analysis method; describe the developing history of the administrative procedure after publishing the Law of Administrative Penalty, discover the loophole and attempt to give the improving advice by history analysis method; Horizontally compare and vertically present the principle of the administrative penalty and the procedure judicature, and take the essence from them according to the research achievement of the administrative penalty procedure of America, Austria, Japan and other foreign countries and the actual situation of us by comparative analysis method. The administrative penalty procedure contains general procedure, summary procedure and hearing procedure. Preceding the judicature for the administrative penalty procedure generally begins from the general procedure and hearing procedure. Maintain the notification procedure, evidence system and lawyer involving system to guarantee the justice and efficiency of the administrative procedure as well as respecting and protecting the procedural rights of the party in the general procedure. Expand the applicable scope and the scope of the subject, determine the validity of the hearing record, and develop the informal administrative hearing procedure to play its role. Additionally, the arbitration procedure for the administrative penalty is issued in this paper during administrative penalty procedure, which supervises the decision making procedure to guarantee the justice of the administrative penalty procedure on the one hand, and protects the procedural rights of the party on the other hand. This is also the innovation and difficulty of the paper.