The Basic Principles Of China's Administrative Procedure Act And Related System Design

As the soul of Administrative Procedure law (APL), its basic principles have a command function in APL. It is a design and evaluation standard in the specific system of APL, and its content directly decide the APL's legislative framework and institution content. This paper bases on announcing the internal meaning and found basis of ApL's basic principles and articulating the content, times context and law function of APL's basic principles in China, then combines some interrelated theory and practice of the foreign countries and also some disadvantages of the current procedure legislation in China, makes a concrete design of the interrelated systems that embody the APL's basic principles of China in order to make the content of Chinese APL more operative and also provide a theoretic reference that can be used in making chinese APL.The whole text include three parts. In the first part, according to the internal meaning and found basis of the basic principles, it points out the basic principles's content must be included law principle, democracy principle, fair principle and efficiency principle; In the second part, through grasping modern Administrative Law's developing trend, it discusses the found times context and law function of modern APL's basic principles, and articulate the necessity of founding interrelated basic principles in order to get a deeper understanding of chinese APL' s basic principles; The third part applies the method of comparing law science, it probes the design of interrelated systems that embody chinese APL's basic principles, and mainly discusses the specific systems that be in urgent need to found in chinese APL, and those that have procedure legislation practice but need further improvement, such as Information Public System ,Hearing System and so on.