An Analysis Of The Exclusive System Of Administrative Files

Fairness and justice is the ultimate goal pursued by law.Administrative act is the process of administrative organs performing their duties and exercising public power according to law,and it has also realized fairness and justice as the goal.Justifiable administrative act must conform to the two aspects of substantive justice and procedural justice.The fairness and order of the procedure of administrative act is helpful to improve the authority and acceptability of the result of administrative act.Administrative law not only protects citizens' substantive rights,but also protects citizens' procedural rights,and the system of exclusivity of administrative files is a system to protect citizens' procedural rights in administrative proceeding.Administrative files exclusivity system is an administrative organ at the time of administrative adjudication in accordance with the authority to obtain a variety of evidence or spontaneous submitted by the administrative relative person testimony of witnesses,survey records of inspection,appraisal opinions,statements and other evidence to make all kinds of legal documents and applications,and,on the basis of inherent in order to establish the administrative organ can only rely on the books content to the administrative decision of evidence,the books outside the evidence material have to exclude the application of a kind of administration system.In recent years,in the rapid progress of the legislation of China's administrative law,there are provisions that reflect the exclusivity system of administrative files in laws,administrative regulations and local administrative rules and regulations,which is a good beginning and progress.At present,the exclusivity system of administrative files has made a certain development in China,but it exists in some laws and regulations scattered,lacks systematic and overall provisions,and has not formed a unified and complete system at the legislative level,nor has there been a specific explicit expression and restriction on the system.And in the process of judicial practice,some judicial staff do not know,do not understand the system,resulting in the lack of implementation of the system in practice.It can be seen that the system of exclusivity of administrative files has not been truly established in our country,and there are still many deficiencies in the legislation and judicature,which is undoubtedly not conducive to restricting the abuse of power by administrative organs to protect the legitimate interests of counterparts.Thus only a deep understanding of the concept of administrative files exclusivity system and value,the difference between administrative dossier exclusive system and relevant procedure and contact,gradually improve related legislation and practice of the system of administrative files exclusivity process,to promote administrative files exclusivity system that truly in our country,promote fairness and legitimacy of administrative procedure.