The Oretical Analyse Of Administrative Procedure Law Amendment

When When making theoretical evaluation and analyses of the amendment to Administrative Procedure Law, it should be avoided that simply considering the amendment as "constructive activities" which are taken by legislature. It is advisable to regard it as a procedure of change in "evolutionary" order which is indicated in judicial interpretation, judicial practice and theoretical research since Administration Procedure Law was promulgated in 1989, during which China witnessed profound transformation in society, politics and economy. In addition, a further study of Administrative Procedure Law is thoroughly deserved. Not only is Administrative Procedure Law a significant system which can realize constitutionalism, keep law and order, restrict governmental power, protect individual rights and citizenship, but also an inevitable outcome of the development of political civilization of mankind. Perfectly coincided with the significant decision made by the CPC Central Committee on legal system, the amendment to Administrative Procedure Law meets a golden opportunity. Illustrate the main content and general features in the amendment, demonstrate the important role of the amendment in state governance under the circumstances of the governmental modernization.The amendment to Administrative Procedure Law, on the one hand, marks the adaptation to the social development, judicial reform and national strategies. One the other hand, the Law itself is the solid foundation of state governance system and modernization of governance capability, owing to its institutional functions. In accord with relevant policies of the Party and state on administrative judgement, the profound reform measures that will play a critical role in it and foreshadow future development of Administrative Procedure Law were extracted from pratice of the amendment. Measures to reform the system of administrative judgment were analyzed, including registration, circuit courts, cross-region courts, the appearance in court of administrative officers, etc. After reviewing the basic idea of Administrative Procedure Law, the effect and prospect of practice of the Law were analysed. Furthermore, the elementary issues and philosophy of Administrative Procedure Law were interpreted, the effectiveness of the amendment was evaluated. A bright future was also expected.