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asbryobvrz · Wysłany: Wto 18:44, 29 Mar 2011

Some Problems of Administrative Due Process

And fully demonstrated. In particular, should be in China at present working on the Administrative Procedure Law and the future practice of administrative actions can be fully implemented. Constitution and other legal requirements of due process does not, whether the first specified in the Administrative Procedure proper administrative procedures? Western countries the principle of due process of the formation process of the establishment of the principle of due process of law has an important inspiration and reference . Anglo-American countries, the development path of due process is for the criminal law and legal principles of justice to rise to constitutional principles, and then of administrative law and administrative procedure law,[link widoczny dla zalogowanych], administrative law and thus has become the basic principles of administrative procedure law, reason mainly due to the criminal law and its early start in the administration of justice. The program with the objective of justice and procedural fairness requirements. And gradually formed the legal tradition of natural justice procedures. Abstract look. This is a department of law to the Constitution by the legal department and then to the other mode of expansion and evolution, combined with the special conditions and construction of the actual rule of law, which is how to establish due process of law in China provides a good reference for ideas: that you can China is studying the development of the Administrative Procedure Act as a breakthrough, first in the Administrative Procedure Act provides that among branches of law. States also have due process of law to establish a similar process, more importantly, because of executive power in the state's special status in the power structure at this stage our country is in the construction of administrative law to build the rule of law as the focus country opportunity,[link widoczny dla zalogowanych], so, first established in the Administrative Procedure proper administrative procedures in the more necessary,[link widoczny dla zalogowanych], and this is both from Western countries, the rule of law in development. There are innovative and meet the actual requirements of the rule of law in China. Based on the above analysis, I believe that proper administrative procedures can also be used as the core of the concept of administrative procedure law and the core spirit of the Administrative Procedure Act as a guide to the general principles developed in the design of the whole process should have a system of due process of considerations. In the Administrative Procedure specific provisions,[link widoczny dla zalogowanych], could be considered part of the formal establishment of the Codex General Principles of Administrative Due Process to guide the overall situation. Legislation through the Administrative Procedure Act, the use of the concept of proper administrative procedures and the proper administrative procedures embody the principles of procedural law, systems and specific provisions to regulate the exercise of executive power will be an important direction for the development of administrative law. Administrative Procedure Code,[link widoczny dla zalogowanych], the formulation and implementation, will be the proper administrative procedures to achieve the statutory embodiment of. Proper administrative procedures is to achieve its previous general N-values, especially the executive power to play its fundamental guarantee for the value of authority control.