Study On Principle Of Ex Parte Contacts Prohibited In American Administrative Procedures

Principle of ex parte contacts prohibited is that administrative organs should not have any written or oral contacts with the party who has interests in a particular matter in the procedures of formulating administrative regulations and adjudication.This principle embodies the spirit of due process principle.Due process principle in Administrative Law is an important law concept and constitutional principle,even though it derived from English,it brightened in America.The law about due process in America is detail and concrete,especially the principle of ex parte contacts prohibited in American administrative procedures,studied by contemporary and law-governed countries.Besides,in the history of America,ex parte contacts in administrative procedures seriously violated due process,reduced administrative efficiency and harmed government's image,so America early perceived the damages of ex parte contacts,and issued American Administrative Procedural Act which prohibits ex parte contacts in formal administrative procedures,however American administrative organs mostly use informal procedures and the act can not totally solve the problem of ex parte contacts.With the development of judicial practice,the United States courts continue to develop the principle of ex parte contacts prohibited in informal administrative procedures.On the other hand,America is a country upholding the system of separationofpowers,White House abuses administrative power to influenceadministrative organs' decisions,which is also a kind of ex parte contacts.And American president's power of removal,executive privileges and White House's administrative review make administrative organs' decisions are enslaved to White House,gradually people start to pay attention to White House's ex parte contacts,American Congress and judicial agencies adopt measures to control White House,and maintain American administrative procedures fair and just.Our country values entity more than procedures,and enacted some rules to restrict ex parte contacts in judicial procedures,but nothing in administrative procedures,and ex parte contacts are common seen,people also turn a blind eye to these phenomena.Therefore,whether the American legislation skills,or its legal spirit,we should draw lessons from them.