The Administrative Record Exclusion System Applicable To Administrative Litigation

The administrative record exclusion system refers to the execute of administrative acts should be made on the basis of administrative records, and other administrative evidences and materials except for administrative records should be eliminated according to the rule of law. The value of Administrative Record Exclusion System is to regulate the executive power of a fair, open, rational exercise and protect the legitimate rights and interests of the administrative counterpart.Internationally speaking, the exclusive administrative records system is generally accepted in the common law and civil law countries and administrative agencies must make administrative actions on the basis of administrative records. Although the specific problems where the exclusive administrative records system are applied are quite different due to their different legal and cultural traditions, the attitude towar ds the effectiveness of administrative records is tend to unify and showing more integration with the increasing emphasis on the administrative procedures of civil law countries.It is easily concluded from the "Administrative Punishment Law" to "Administrative Licensing Law on the trial of the anti-dumping and countervailing cases Issues application of the law" enacted by the supreme court that the legislation about exclusive administrative records system and administrative records are becoming more and more specific. In the administrative procedures, the administrative agencies and relevant workers are paying more attention to the importance of the legality of the procedures with the improving of legal sense and the accelerating of the process of rule of law, which formed a solid foundation for the application of exclusive administrative records system. In the judicial proceedings, the formulation and promulgation of relevant laws and regulations as well as a series of adjudications corresponded with the idea of exclusive administrative records system have provided some accordance for the court to examine the legality of some certain administrative actions. At present, there are still many imperfections in the legislation of the exclusive administrative records system in China, which blocked the application of the exclusive administrative records system. So there are both realistic urgency and practical necessity in the improvement of the exclusive administrative records system on the aspects of legislation, enforcement and judicature.This paper is divided into four parts. The first part of this article will introduce some specific cases about the system of exclusive administrative records in order to start with a good grasp of the theoretical principals of the system, including the analysis of its concept, value and function and so on. The second part will mainly introduce the problems of exclusive administrative records system in the administrative proceedings where the system is applied and how to solve th ese problems. The third part is about the suggestions for improving these issues. The fourth part mainly analyzes the exceptions in the application of exclusive administrative records system in the administrative litigation, which refers to the cases where the system is not applied.