A Research On Chinese Contemporary Administrative Proceedings

Administrative Procedure Law enacted more than 25 years, but the operation has been difficult. We had better ascribe problems of administrative proceedings to practice in and out the system. The former is refer to just only a small number of cases into the proceedings, and we don’t know whether a lot of administrative disputes were resolved. The latter is refer to whether the administrative proceeding can be justice. As for the administrative proceeding itself, sticking points appears mainly in trial of first and second instance, which are independence in trial of first instance as well as inability to solve disagreements of the parties in trial of second instance. The enactment of Chinese Administrative Procedural Law indicates that current political rulers are on the way to limit themselves. Without checks and balance, however, this way is doomed to be very slow and extremely difficult. In the process of adapting to social changes, current political rulers wish to rely on the rule of law and helplessly try to control society at the same time. As a matter of fact, heavy difficulties in the process of Chinese Administrative Procedural Law and those judiciary practices till now can be regarded as legal instrumentalism in legal conception and political instrumentalism in judicial philosophy. Under the background of modernizing the country governance system and management ability, as part of the rule of law, the process of Chinese Administrative Procedural Law relies on good law, the reform of political system, and, from a deeper level, the insistence on the rule of law and constitutionalism by The party and the government.