Study On Legislation Of Local Administrative Procedure

Standardizing administrative procedure is a world tendency of modern administration.And perfecting legislation of administrative procedure as well as realizing the legalization of administrative procedure are the core content of the rule of our country administrative law.Then,there are also many problems that are urgent to be studied and solved: for example,how to promote legislation of local administrative procedure,what problems are related to it and so on.Legislation of administration procedure is a universal problem: there will be administrative procedure problems as long as there is administration existing in a country.Legislation of administrative procedure is neither a country problem nor a regional problem.Strictly speaking,the legislation of administrative procedure is a process that regardless of whether there is administrative procedure code or not,the improvement of administrative procedures standard can only be realized in the development.Countries with codes keep modifying all the time while those without codes also add more separate laws and regulations.Administrative procedure legislation will keep moving forward so long as it has driving force.Besides,administrative procedure legislation will also continue developing as long as human maintain their original intention of pursuing administrative efficiency.Of course,a fixed or recognized administrative procedure legislation mode does not exist in the world.It is even a process that can be fast or slow but it has the same prudent attitude to legislation of administrative procedure: when the process is a fast process,it has the advantages of being fast;while when the process is slow,then there must be a reason.Therefore,this study does not emphasize the conclusion,instead,it provides advice.Like Hubei Province administrative procedure legislation,to which formulating provincial government regulations or local regulations are feasible.But this study prefers the latter.This research focuses on the local administrative procedure legislation to discuss the theoretical and practical problems of Chinese administrative procedure legislation,taking Hubei administrative procedure legislation as an example.This paper is consist of four chapters.The introduction not only discusses the background and significanceof this study,but also analyzes the research situation and trend of the legislation of administrative procedure as well as determines the research thoughts and methods.The second chapter probes into the functions of administrative procedure legislation,mainly from following aspects: the control of legal administrative procedure over arbitrariness of administrative power,legal administrative procedure acceptability of administrative results,effect of legal administrative procedure on administrative efficiency as well as the influence of it on law-based administration of government and the construction of law-based government.The third chapter mainly talks about the realistic foundation of local administrative legislation,especially the legal basis,including the historical review of the administrative procedure legislation of our country,the existing administrative procedure legislation at provincial and municipal levels.Besides,it also analyzes the typical countries with codified administrative procedure such as the United States,Germany,Japan and Austria,pointing out the possible contents and methods of the reference;On the basis of above chapters,the forth chapter discusses the thoughts and structure content of the legislation of local administrative procedure,including the principle,purpose,target pattern and the legislative body of local administrative procedure legislation.In legislation content,this study compares and analyzes the provisions of administrative procedures existing in several provinces,with the purpose of finding out the common points and the differences between them.And then this study states the main content of the administrative procedure legislation.Finally,it puts forward the frame content of Hubei administrative procedure legislation.The fifth chapter is the conclusion: this chapter not only gives some understanding and ideas of the author after the study,but also puts forward some of the author's confusion and decides the following research ideas.