The Research On The Power Control By Administrative Procedure

In the middle of18th century, the publication of The Sprit of Laws had made Montesquieu remembered by the whole world as a jurist and his statement that every man invested with power is apt to abuse it exists as one of the axioms adopted by the human society to recognize the power. The power control by administrative procedure refers to the mode to limit the administrative power and to protect the related party’s legitimate rights and interests. This mode is based on predetermined procedures by the laws to control the administrative behavior and especially its liberty before and after the behavior. At the end of the19th century and the beginning of20th century, along with the emergency of the discretion of the administrative liberty and the development of the basic human rights theories, was born the modern administrative procedures with the purpose of regulating the administrative power. And the power control by administrative procedure has nowadays become the common focus of law, political science and the management and become one major subject in theory and practice.This thesis begins with the basic theories of the power control by administrative procedure. First of all, it presents the meanings of administrative procedures and the power control to define the power control by administrative procedure. Next, it lists the principles that guide the power control by administrative procedure and that must be respected during the power control execution, including the principle of opening and equity, the principle of participation, the principle of reexamination and the principle of efficiency. Finally, this thesis explains the value and influence of the power control by administrative procedure:to prevent the abuse of the discretion of the administrative liberty, to protect the related party’s legitimate rights and to fully realize the function of the administration. In the second part of the thesis, by examining the English and French the power control by administrative procedure, by comparison comes out four lessons for our country’s the power control by administrative procedure:rich theories about the power control by administrative procedure, significance of the separation of powers, perfect administrative remedy system required by the power control by administrative procedure, guarantee of the minimal procedural justice. The third part of this work reveals some problems in the power control by administrative procedure in our country. For example, the weak sense of the control of administrative procedures for whether the national staff or the ordinary people. In China, the concept of the power control by administrative procedure lacks the necessary attention. The legislation of the administrative procedures isn’t relatively well developed. The supervision of administrative procedures isn’t enough. The construction of the administrative procedures system is backward. In the last part of the article, there are some measures aimed at improve our country’s control of administrative procedures including establishing the concept of the power control by administrative procedure began with the advocacy of modern control of procedures, the correction of the wrong procedures concept and the expansion of the advocacy efforts as well as completing the legislation of the administrative procedures, improving the system of the power control by administrative procedure. All above aims are to establish the perfect system of the power control by administrative procedure and the perfect supervision and accountability system of the power control by administrative procedure that both target the abstract and concrete administrative behaviors.