The Study Of Chinese Administrative Procedural Law Development And Trend

Based on the history of the development of Chinese administrative procedural law, the author summarized the progress in the development of Chinese administrative procedure in the theory and practice of achievement, analyses the development of administrative law existing problems and causes. On the basis of the research in the future development trend of administrative procedural law from four aspects, and expounds how to promote healthy development in administrative law.Modern social functions of government, and force is more and more big, with the expansion of administrative power, administrative discretion field increases unceasingly, how to improve the administrative efficiency, security and restriction of administrative power, protecting the rights and other administrative must be faced and solve the problem in the administrative act, the administrative behavior before or in'the process of realizing the control of administrative power, which is a new mechanism of administrative procedure law, this needs the echo. In China the construction of a socialist country ruled by law, administrative procedures under the background of Chinese legal regarded as administrative law "concretization" and "government reengineering" an opportunity, but China has experience in this field, which made the achievement, which has the resources, and shall determine a kind of development direction, these problems for administrative procedures clearly under rule of law is true and operation of the basic.From the historical development of the administrative procedure law, China has experienced after exploring stage, the administrative procedure development period and rich FaDianHua appeal and attempts by program phase, awakening to the program, to establish legitimacy rationality of administrative procedure law pursues.Tapering of the administrative procedure law, China has made certain achievements. The administrative procedure law, the theoretical research on the legal culture of foreign procedure is introduced and reference, the administrative procedure legal research, administrative procedures, basic principles and system of Chinese administrative procedure, and legal construction measures have been considerable development. The administrative procedure legislation to systematic development by not system, low level by level to the administrative procedure law system development, continuous improvement. Meanwhile people's awareness of law are enhanced.But we must also see our administrative procedure law system construction, there exist many problems. Displays in:administrative procedural law itself exists independent status of the administrative procedure law, administrative procedures, lack of systematic existing some unreasonable, program design specification too deficient. Some important administrative behavior, is still lacking legal procedures of administrative power exercised in a program at the discretion of the excessive, ensure procedural justice. In other programs by the participation and the concern is not enough. The legal responsibility of the administrative procedure law of standard etc. The problems existing in the legal practice is the main method from should have bigger difference, is not lax enforcement, were. Make the existing laws and regulations, the administrative procedure law cannot give full play to the role of administrative procedure. In administrative law consciousness, the citizens, legal persons or other organizations of the program is legal consciousness. Overall, the administrative procedure law in China, people about the procedure is lack of knowledge and the training is not high, the form of administrative procedure law belief and considerable distance.The administrative procedure law system in our country, the above problems existing in the development of the main reason lies in the following aspects:the lack of constitutional concepts, which support underdeveloped administrative procedure law. The administrative procedure value concept, administrative procedure law idea indifference. The administrative procedure law degree, not the formation and perfection of the lag of administrative legal system.Comprehensive analysis, the author thinks that China will eventually with unified administrative procedure law and the administration of development to a higher level. The administrative procedural law of development in China, although the performance of administrative procedures for directly, but the complete legal system of law is never, promote the evolution of integrated development will certainly is a system engineering. We want to develop through administrative procedure lays the theoretical foundation, change concept, forming modern administrative procedure law consciousness, make full use of the favorable factors, accelerate the development of joint administrative procedure law, quicken the complete system of administrative procedure, and to promote the rapid development of administrative law.