Study On The Rule Of Law Construction Of Administrative Procedure In China

Procedural justice is the premise and foundation of substantive justice.The study of the rule of law in administrative procedures is conducive to promoting the rule by law,building a government under the rule of law,improving the legal structure,and helping the administrative organs to adapt to higher procedural requirements and achieve legal administration.In order to understand more specifically the status quo of the rule of law in administrative procedures in China,this paper is based on the current legal framework and the judgrment of illegal procedures of administrative organs,analyzing the manifestation of administrative procedures violations in practice from the micro level,and thoroughly studying the specific requirements of Chinese courts for"legal procedures",summarizing what should be done to meet the requirements of "legal procedures".On this basis,this paper explores the social reasons for the illegality of administrative procedures in China,and puts forward suggestions for improvement,promotes the administration of administrative organs according to law,and promotes the rule of law in administrative procedures in China.There are two innovations in this paper.One is to select a new research method-positive research,which is based on the practice of judicial trial.By collecting,reading,sorting out and analyzing the judgment of the defendant's defeat,we understand the current situation of the rule of law in China's administrative procedures,and propose counterimeasures to promote the rule of law in China's administrative procedures.The second is the use of new research materials-court judgment,that is,using court judgment as the research material,summarizing the Chinese court's understanding of the"legal procedures"requirements,providing a reference for the administrative organs to correctly interpret the regulations of administrative procedures and reduce the illegality of the procedures.By analyzing the judgment documents of the defendant's defeat,this paper finds that the number of administrative procecdures violations in China has increased in recent years,and the procedural violations are widely distributed,and courts at all levels often have differences in judgments.Through data analysis,this paper also finds that the procedural violation of administrative enforcement is the most serious;the degree of illegality of investigation,decision,delivery,and execution is almost the same;an administrative act has multiple procedural violations;In the case of program violations,the program is missing,the execution is improper,and the program application error coexists.In vie:w of the illegal procedures of administrative agencies,this paper summarizes the legal requirements for legislation,investigation,decision,delivery and enforcement procedures.Furthermore,it discusses the social reasons for the illegality of administrative procedures,and believes that the illegal procedures of administrative organs in China are affected by many aspects such as history,culture,environment and system.This paper proposes five suggestions to promote the rule of law in China's administrative procedures:change the traditional concept of the rule of law and adjust the cadre assessment mechanism;increase the disclosure of program infornation and strengthen the external supervision of procedLures;strengthen the constiruction of law enforcement tefams and standardize the operation of administrative power;promote the legislation of the National People's Congress and formulate a national unified code;attach importance to the court's judgment documents anLd summarize the administrative procedures.