The Research On Justice Theory Of Administrative Law

Any theological system must have its foundation, otherwise it is rootless. As a juristic theory, the theoretical basis of administrative law belongs to the area of ideology, which is ultimately decided by the basis of administrative law, benefit-based relationships. It’s not exaggerating to say that benefit is the most central concept in the system of administrative law, and any theory and practice of administrative law are ultimately set on interest balancing.As we see it, to reveal the theological basis of administrative law, we need to analyze and interpret from the value-framework of administrative law. A very abstract concept as interest is, concrete interest can reflect a series of questions such as the aim, function and tenet of administrative law only when guided under a particular value. Value mirrors the social interest-orientation. Specific interest is the foundation of social value. Therefore, building the justice theory of administrative from a perspective of "justice value" is what the passage has been striving for.In the first chapter, namely the introduction, we have analyzed the origin of problem awareness of this passage. First being discussed are a certain influential opinions on the theological basis of administrative law within the academic circle, such as theory on power, theory on balance, theory on management and theory on public interest orientation. We analyze their shortcomings and deficiencies, on whose basis we put forward the theory that the foundation of administrative law is the theory on interest. And from the perspective of the justice theory of administrative, we have laid the foundation of the research in this essay, through establishing the justice theory on which the theory on value of administrative law is based.In the second chapter, we analyze the foundation of the justification of administrative law. This chapter starts by analyzing the concept of value using value as a basic analyzing tool. Then we analyze the relationship between justice and value, confirming that justice, which can be explained with forms of value such as equality, freedom, efficiency and order, and applied to build the value analytical model of justice theory, is among the most fundamental values. In the second section, we analyze the justice theories of Rawls and Habermas as, the two great thinkers of the most influence contemporarily. which is the foundation of our analysis of the value of administrative law and our systematical construction. In the third section, we analyze the relationship of interest and justice. We hold that interest balancing is the evaluative mechanism of administrative law. The value of law is the standard or yardstick in valuating various conflicting interests. As the foundation of law, "beneficial connection" decides that "justice" needs to be regarded as criterion in value of administrative law. In the procedure that public interest and private interest conflict, we build the justice criterion of the relationship of interests in administrative law, through analyzing private and public outlooks on interest. In the fourth section, we expound the procedure of the realization of justice in administrative law, which is also the procedure of our continual exploration of construction of administrative nomocracy. The nomocratic outlook of the justice theory acknowledges the poverty of rules and highlights substantial nomocracy. These are the eternal propositions in administrative law:administrative rules, administrative discretions, administrative procedure and judicial inspection.In the third chapter, we analyze the expressions of administrative law, i.e. the principles of law. Justice value in administrative law has determined that administrative law include three principles:administrative deciding, administrative balancing and administrative legitimacy. Under the principles of deciding, balancing and legitimating, what reflect the justice values of administrative law are the modes of interpretation of laws and complements of legal faults, in the process of application of administrative law.In the fourth chapter, we analyze the modes of realization of justice in administrative law. The justice values guide the three basic principles of administrative law as administrative deciding, balancing and legitimating to their confirmation. At the same time, all specific systems and regulations must express the justice values of administrative law. The ultimate realization of the justice of administrative law must rely on the administratively systematical assurance as establishment of administrative rules, the employment of administrative discretion and the contrivance of administrative procedure.In the fifth chapter, we analyze the judiciary guarantee under justice from administrative law. First, we introspect the criteria of judicial inspection recognized by both the practical and the theoretic circle:legitimacy and rationality, on the basis of which we reconstruct the standards of judicial inspection, and set up the criteria of judiciary inspection consisting of executive legitimating, balancing and validity. We think we should bring constitution into the foundation of judiciary inspection. On the basis of our analysis of judiciary inspections and our awareness of the effects of the constitution, we believe that the constitution should be categorized into the basis of judiciary inspections. In the second section, we take abstract administrative acts as examples, and analyze the legal guarantee of the justice of administrative regulations. We put abstract administrative acts out of administrative regulations and rules into the scope of administrative lawsuits, and we officiate incidental rights of inspection and judgment in the investigation of particular case under the behaviors ordained by administrative law and regulations. In the third section, we analyze the judiciary security of administrative and justice discretion, and we think that jurisdiction should respect the reasonable choice of executive authority within the scope of discretion. Jurisdiction should seek balance between public and private interests. We also hold that homeostatic principle be the criterion of judicial inspection. In the fourth section, we analyze the judicial security of procedural justice. General regulations of law have very limited influence on specifying administrative discretion. In order to effectively infect the formation of the results of discretion, and ensure validity we have to rely on administratively procedural legitimacy and justice, besides that we might rely on administrative policies and following the requirements of precedents. However, under temporary legistilation, it is a very tough task to connect "legal" process and due process. What is more, for the courts, it is an eye-catching question how to comprehend and apply the reversibility and invalidity brought about by violation of legal process, no matter in the theoretical realm or the legally practical realm. We can analyze the legal security of justice value of judicial inspection in the administrative process, based on the theory of reversibility.