A Research On The Improvement Of The Administrative Procedure Law Responsibility Systems In Our Country

Procedural justice can makes people to effectively participate in the administrative decision process, fully demonstrated his claim, refute each other’s fallacy, inhibited the administrative arbitrary and arbitrary to ensure in the administrative process of equal status of both parties, embodies the respect to the relative people’s dignity of human personality. Procedural justice, such as participation, neutrality, equality, rationality, autonomy, and the end of time, is the minimum requirement of procedural justice. The intrinsic value of the program makes it independent of the entity, and is in the same important position as the entity. The fair administrative procedure rule is not only the means to fully develop the substantive rights and obligations, but also reflects the core value of the legal system and the basic value of the legal justice. In the field of law, it is very likely to erode the value of the law and cause the tension and confusion of the social relationship if it is too much emphasis on the value of substantive justice and ignore or underestimate the value of the procedure. And procedural justice, and the liabilities of violating administrative procedure shall be investigated for, can make the public power operation mechanism have a sense of identity, so that even under adverse judgment, the parties will also because the procedure is fair and reasonable to treat and recognized and accepted this negative result. This is what the so-called legal procedures help to resolve the conflict from the psychological level and action level. To investigate the legal liability of the administrative procedure law, to promote the administrative subject and the administrative personnel, to protect the lawful rights and interests of the administrative relative person, and to realize the goal of the administrative rule of law is essential.Only when procedures and entities are perfectly combined can we achieve full justice. "Without procedural safeguards, there would be no real rights". Legal responsibility of administrative procedure law is not only the problem that the administrative organs are reluctant to face in the process of a specific administrative act, but also the referee difficulties in administrative adjudication. In recent years, China has made relevant administrative laws, for example, Administrative Litigation Law, Administrative Penalty Law, Administrative Reconsideration Law, and Administrative License Law, to regulate the abuse of executive power, and to protect the legitimate rights and interests of the administrative relative person. But due to the fact that we don’t have standardized administrative procedures code at present, and that we are under the influence of a traditional concept called "entity speaks louder than procedure", administrative subject generally do not take the administrative procedures in the process of law enforcement, and a lot of violations of administrative procedure still exist. In this context, to establish and improve the liability system of administrative procedure law for the purpose of ensuring the administrative relative person’s legitimate rights and interests has become the main concern of China’s legislature and the majority of the administrative law scholars. This paper offers concrete analysis and put forward suggestions to this phenomenon by consulting the results of administrative procedure law responsibility related research, drawing lessons from the basic theories of advanced foreign administrative procedure law responsibility systems, and combining it with social practice and actual legislation situation in our country at present.