Study Of Administrative Procedures Legislation

The soul of modern administrative procedure is to keep the government's exercise of the administrative power up to standard and undercontrol. The establishment of the general plan of administering the country according to the law makes it a firm legal basis and urgent necessity to make up an administrative procedural law (hereinafter referred to as APL). It must be earnestly studied that an APL that both agrees with administrative rules and is able to solve problems existing in the realities of administration be made up.A correct law-making theory is the basis and prerequisite for making up a good APL, while exercising administration according to the law is the theoretical basis of Chinese administrative procedural legislation. The exercise of the administrative power must be subject to the control and restraint of the National People's congress, the court of justice, laws and rules. The current Chinese society must be shifted from the rule of administrative will to that of legal will. The core of exercising administration according to the law is to put in order the procedural administration in line with the law. Within the system of democracy, the commitment of the administrative organization to serving the common people is the reason and prerequisite for their share of the power. The realization of the administrative legalization, as an ideal social state of the common observation by both the government and the citizens, needs to go through the examination of three key indexes, i.e., administrative democracy, administrative just, and administrative efficiency. A unified APL once made, will effectively develop administrative democracy, improve procedural law and realize administrative just. Therefore, carrying out rigidly the APL becomes the key to adhering to the principle of exercising administration according to the law.Establishing the basic principles of the APL is necessary for realizing the targets aimed at by the APL. making the APL must be stuck to the following principles.1. The principle of procedural legality. It is the concrete embodiment of administrative legality in the procedure of administration. It is also the basis and prerequisite of other principles. Only on the condition that the procedure be determined by the law can the examination of the procedural legality of theadministrative activities be up to the standard of the law.2. The principle of the procedural rationality. It is the complement to and extension of the principle for realizing. It makes up for the inadequacies of the principle of procedural legality, making the administrative procedure more scientific. 3. The principle of openness and just. The establishment and realization of this principle can truly establish the authority of administrative power. The fail exercise of the administrative power is the important guarantee of its exercising ability.4. The principle of participation. Making modern administration democratic will inevitably demand that the principle of participation be established. Without the participation of the targeted people of administration, it would be difficult to guarantee their democratic rights. It would also be difficult to realize the principle of just.5. The principle of efficiency. Administrative just with no efficiency and administrative efficiency with no just are both unimaginable. To improve administrative efficiency on the basis of administrative just is one of the valuable targets aimed at by the APL.The realization of the principles of the APL is dependent on the establishment of the basic system of the APL. Generally speaking, the basic principles don't have the function of direct operation. Only through the basic system can it realize its value. Making the APL should demand the establishment of the system of holding court, withdraw, holding information public, effectiveness for a given period of time and relief.