The Contributions of Practice of Administrative Proceedings to the Rule of Law in China
|Course||Constitutional and Administrative Law|
|Keywords||Restriction of power Administrative Procedure Rules ofAdministrative Law Right to justice final|
Since the date of commence of 《The People’s Republic of China Administrative Procedure Law》,the administrative proceedings have gone through ups and downs in the course last two decades. From the desolation of the desert to the oasis of prosperity,the growth of administrative proceedings are full of thorns in the road, but it also has made great achievements. Administrative proceedings have broken the traditional system of constitutional, and have made indelible contributions to the progress of the rule of law in China. This study is on the contributions of the practice of administrative proceedings, which made to the rule of law in China, and I also make great efforts to put forward my own views.There are four sections in this thesis. The first part sets out the development of the relations with power of state functions, which is from supervision to restriction, while the relations between the power of state functions in traditional constitutional system always lay stress on supervision. Because of the administrative proceedings, which establish mutual relations between the executive power and jurisdiction, and the practice of administrative proceedings improve the restrictions of the power of state functions in ideological area.The second part states the practice of administrative proceedings which promote the development of consciousness about "no programs, no rights". If the parties could not enter the administrative procedure, their legal rights will be out of remedies, and as a legal procedure, the particular value of administrative procedure is that it can produce fair results and protect the legitimate rights of citizens, and it also promotes the our thoughts on perfecting the remedy system of civil rights. The third part describes the formation of a number of rules of administrative law which are promoted by the practice of administrative proceedings. The right of appeal to protect the performance, and the value goal of administrative trial, and the procedures of administrative trial and administrative judgment modes were discussed in detail. The final part sets out the ultimate development of the concept of " the right to justice final ". The status of trial power in the traditional constitutional system, which help us recognize that it is administrative proceedings that establish the final jurisdiction comparing to the executive power, and which initiates our numerous theoretical thoughts about them.