China's Prosecution Does Not Stop The Implementation Of The Principles Of Reflection And Reform

Based on safeguarding the public interest and ensuring administrative efficiency, China's "Administrative Procedure Law" have established the unique principle in the administrative remedy system—the principle of not stopping executing agency action. However, with in-depth theoretical study of administrative law and administrative litigation as well as the development of the practice of human rights into the constitution, the problems of this principle appears increasingly in both theory and practice. They are manifested in the neglection of protection of administrative counterpart's interests, the conflict between legal norms, prosecution before the enforcement as well as the contradictions with the current implementation system. This article first introduces the legislative status quo and original intention of legislation and states the connotation and theoretical basis of this principle. This article begins with the operation of the principle of not stopping executing agency action. Then discusses the problems of this principle in theory, legislation and practice and points out that we should reflect and change this principle in order to go with the tide of development.It's stipulated in many countries and regions' law systems. Generally, there are two categories of the principle. One is not stopping executing agency action, which is enforced by Japan; The other is stopping executing agency action, which is typically presented in the Germany law. The principle of not stopping executing agency action starts with the protection of administrative power and public interests while the principle of stopping executing agency action focuses on the the protection of civil rights, the emphasis on the importance of justice. China's "Administrative Procedure Law," has relatively simple stipulation about this system. This article compares the system about this principle in Germany, Japan and China's Taiwan region, concludes that the choice of these two principles based on the legislator's balance between private interests and public interests and points out that according to China's national conditions, we should reflect the legislative purpose and the reason and then reflect and change the principle of not stopping executing agency action. Finally, this article compares public interests and personal interests, administrative efficiency and justice ,which are two conflicting values .And analyzes the legislative summary of the status quo, as well as the problem of this principles in theory and practice . Ultimately this article concludes that based on the protection of human rights as the starting point, our country should establish the principle of stopping executing agency action in order to reflect the protection to the administrative counterpart's interests. And states the legislative amendments and the review of standards.