The Regulation Of The Principle Of Right Procedure To The Administrative Misfeasance

As a non-valid means the administrations and their workers take to pursue their job performance, reduce the administrative costs and so on. The administrative misfeasance becomes common day by day at the administrative management areas. Although, our country has provided "The Administrative Misfeasance" as one of the reasons of repealing the administrative acts by legislating at two areas which about the administrative reconsiderations and the administrative actions. And our country has configured corresponding relief measures. For Chinese academic worlds lack the unified definition of "The Administrative Misfeasance" now, and the regulation to the administrative misfeasance belongs to the subsequent supervision. It is limited. Thus, taking a measure which can play a role in regulating in advance or after the event even avoiding the administrative misfeasance is very important. And this measure deploys by centring on the Principle of Right Procedure.This paper will start from the angle of the source of the administrative acts’ legitimacy-the value expression of the Principle of Right Procedure regulating the administrative misfeasance. And it is about four parts to discuss.In the first part. Firstly, it describes briefly the producing background and the developing condition of the Principle of Right Procedure and its concept and basic requirements. And getting the functions it has in the Rule of Administrative Law from this. Secondly, it introduces briefly the points of view about the concept of the administrative misfeasance of Chinese academic worlds. And it analyses their common points and different points. Meanwhile, it comes to author’s point of view by combining the fact of Chinese Rule of Law. Then, it comes to the components the administrative misfeasance has. This provides references for deciding the classifying about the administrative acts. Thirdly, it finds the points that the Principle of Right Procedure can get into to play a role veritably by analyzing the specific forms of the administrative misfeasance in Chinese social practices. Finally, according to this, it comes to the value expression of the Principle of Right Procedure regulating the administrative misfeasance.In the second part. It starts from the legislation, the administrative enforcements of law and the administrative actions to describe the present situations about the regulation of the Principle of Right Procedure to the administrative misfeasance in China. Firstly, it starts from laws, administrative regulations, local legislatures, department rules and local government acts and other regulatory documents to discuss the actual situation of the Principle of Right Procedure regulating the administrative misfeasance in Chinese legislations’areas now. And it finds valuable legislations’ measures from this. Secondly, it understands the situations about using the Principle of Right Procedure and regulating the administrative misfeasance in Chinese administrative enforcements of law now by discussing the actual situations of the information publicity system, the hearing system, the supervision and inspection system, the informative system, the reason-giving system and the challenge system. Finally, it discusses briefly the situations of using the Principle of Right Procedure and the administrative misfeasance in Chinese administrative actions’judgments.In the third part. According to the situations which is described in the second part, and combining the actual situations of Chinese Administrative Rule of Law, it analyses the difficult positions China meets about using the Principle of Right Procedure to regulate the administrative misfeasance in the legislations, the administrative enforcements of law and the administrative actions. Firstly, in the legislations areas, China meets two large difficult positions-the regulatory documents that the administrative enforcements of law can use are little and the provisions about legal liabilities of the administrative misfeasance violating the Principle of Right Procedure are lacking. Secondly, in the administrative enforcements of law areas, Chinese supervisery mechanisms to the administrations are unsound, and it needs to improve. And the traditional views-"Attaching importance to the entities and despising the procedures"-are existing in the administrative enforcements of law areas. Besides, the regulations about the administrative procedures are short of maneuverability. Finally, in the administrative actions areas, China meets these difficult positions-the authoritative cases’guiding effectiveness is difficult to hold and it is anaclitic to other articles when using and so on.In the fourth part. It is established in Chinese Administrative Rule of Law’s developing demands and referring to other countries’ successful experiences on the basis of the difficult positions which comes from the analysis of the third part. It puts forward the accomplished ways of the Principle of Right Procedure regulating the administrative misfeasance fully. It is about three parts. Firstly, in the aspect of legislations, we can establish the Principle of Right Procedure as the basic principle of Chinese Rule of Law by setting specialized legal provisions. And we can improve the system of accountability of violating the Principle of Right Procedure. Meanwhile, we should strengthen the legislative explanations to regulate the connotation of the administrative misfeasance. Secondly, in the aspect of enforcements of law, we should improve the system of administrative supervisions and set up scientific administrative views. Finally, in the aspect of justices, China should set the corresponding system of legal reviews and unify the train of thought of using the Principle of Right Procedure by judicial policies. Meanwhile, China should strengthen the influencing powers of authoritative cases.