Administrative files of the value system of exclusive

Abstract: In the pursuit of human rights, Democracy, the era of increasing demands for background, it is also increasing emphasis on procedural fairness and administrative files of the administrative action to control, not only for the unlimited expansion of executive power to effectively control, Procedure Act highlights the important role in modern society. In this essay, the basis of test files from the theory of eight administrative hand, administrative files of the value theory of exclusive system, in order to practice in the future to achieve the theoretical basis for the Administrative File System.

Keywords: administrative files, exclusive, value

Administrative Procedure in the rising voice of the environment under the administrative order and the pursuit of the target value of administrative justice is increasingly clear. Administrative files of exclusive value system is the embodiment of the ultimate goal is to control the implementation of the mechanism of administrative power. The establishment of the system Administrative Procedure appears to be a small step on the road. Actually promoting China's Democracy, the rule of law, a big step process.


First, one purpose value - just

People desire to establish the administrative process in government, improve the administrative files of the system is actually exclusive to the legal value of a pursuit of justice one by one, people can just look forward to their participation in government decision-making in a fair manner, the executive must also be procedural barriers specifications. administrative files of the target value of the exclusive system, just merged with the kiss in the following aspects.

1 is involved in justice. All the procedures are fair and reasonable must have a minimum condition that affected interests may be the main decision must have ample opportunity to meaningfully participate in programs, and play an effective ruling of the formation. Only in to get rid of simply as a passive object of the will to bear the fate of others, can serve as an active moral subject prompted the adoption of specific procedures that meet their true wishes of the results. program participation is the minimum requirements of procedural fairness. Hearing procedures have this basic conditions. Zai in the formation of the Administrative File, including access to transcripts of the hearing, during cross-examination of other ֤�� Yiji right access to case files process, parties are entitled to understand the rights and representation, defend themselves, the executive must be fully to listen and seriously consider their views, otherwise, the decision is invalid. This ensures that the minimum files form the fairness of procedures. but also more focused administrative files reflect the views of the parties, record the evidence provided by the parties, but also administrative authorities to prevent the black-box operation. To fully protect the rights of the relative.

2, fair decision-making. Open and just can not be separated, secret procedures and provisions of the secret is to produce unjust origins. Other measures to protect the due process principles if not combined with the public would be difficult to achieve the desired effect. Modern Administration of justice and Democracy requires citizens of the executive authorities of the impact of significant interest to a high degree of judicial decision making of the program, and administrative files of the administrative decisions of the binding material is truly protect the lawful rights and interests of citizens of the prerequisite conditions. Therefore, to really play the Administrative File exclusive system to protect the legitimate rights and interests of citizens of a major to ensure the proper Administration of the main role of administrative decisions, should learn the principles of Rolls in the United States, through legislative decisions must be clearly defined based on administrative files, can not be based on evidence outside the administrative files to make decisions, to avoid Xin hearing without permits, going through the motions, administrative files phenomenon unworthy of the name, which truly citizens of the executive decisions made against themselves, effectively informed of and participate in the decision making, protect their legitimate rights and interests of major.

3 Bilei justice. Administration's own characteristics determine the law can only provide general rules for administrative Shenzhi vague principles, most of the substantive rules of administrative law is established by its own executive and administrative rules and regulations to the form of out. program effective barrier properties of policy makers to collect evidence carefully, and calm analysis of the evidence, make decisions based on facts and evidence. program features more evident barriers to the program's value: on the one hand, this request is easier Cases where the truth and to make fair decisions, suggesting that the instrumental value of the program. On the other hand, "which enables program participants have the opportunity to learn the process, the verdict and sentence, according to the contents of the results to form the grounds and in accordance with to be more psychologically acceptable verdict, while a fair and reasonable procedures can make a full verdict reasonable proof, so that the participants believe themselves to be a fair deal. "exclusive administrative files of the system, through the procedural barriers characteristics reflect the realization of justice.

Links to Research Papers Download http://www.hi138.com II. Purpose value of the two - the efficiency of

Generation system is to satisfy people's desires in a society and the need exists. Administrative procedure system setting is intended to be reasonable by the executive program to promote administrative and management activities efficiently and effectively resolve administrative disputes. Any system must determine the allocation of resources, output mix and output distribution. administrative files of the exclusive system from its design and operation of the system reflects the value of another purpose: efficiency.

1, to improve the efficiency of administrative action. May appear, administrative files and exclusive system is "at the expense of administrative efficiency and cost" system. However, it is these strict procedures, so that the standardization of administrative acts to form a reasonable, administrative mechanisms can promote standardized and efficient operation on track, but also the administrative organization capable of effective management. is precisely the formation procedure system, the relative effective protection of legitimate rights and interests, so that appropriate administrative action to improve the rationality, it makes the administrative relative were the results of the administrative decision or in a "surprise" of the state of being, the adverse consequences of the acceptance of legitimate greatly increased reduces the invisible between the executive and the relative friction reduction of administrative disputes and rate of administrative appeals, it has greatly improved the efficiency of administrative action.

2 and improve judicial efficiency. Administrative files of the exclusive system, the efficiency of the value of the more obvious is reflected in the judicial review stage of the administrative stage of the proceedings. If the administrative procedures for field and administrative files and exclusive system, the efficiency of the value reflected in a more ambiguous, then the Administration stage of the proceedings and exclusive administrative files reflect the value of the system for efficiency can be said to be straightforward, profusely. enter the stage of the proceedings, the court requiring the executive to act on their own burden of proof, the executive shall state the specific administrative act of the factual basis and legal basis, and is the administrative body administrative files administrative act objectively documented, so the executive administrative files submitted to the court and the stage of the proceedings of other evidence through cross-examination of the case file is formed by the administrative authority the court the basis for Taiwan and France. influence the final decision in the administrative procedures of administrative files phase has been formed, closed, can not be changed at the stage of the proceedings. Therefore, the scope of court review of administrative procedures should be sealed after the end of the extent of administrative files. The court in the administrative procedures for the stage in strict accordance with legal procedures The files of the formation can be ascertained, saving litigation costs and shorten the investigation time, a reasonable allocation of resources on litigation. Improve judicial efficiency.

Third, the instrumental value - controlling
As the legal system, administrative system files to remove the exclusive purpose of pursuing the value of the law. Also has instrumental value system itself, administrative files administrative law system is the exclusive right to control the functions of the embodiment of their own. Judicial control of administrative power is a means, so it's instrumental value is obvious.

1, the value of controlling the body. Sociologist Schwartz clear that the U.S. administrative law: "administrative law is to control the administrative activities of the legal department of the State, it set the powers of administrative agencies, regulate the exercise of these powers principles. And for those affected by administrative action against to provide legal remedies. "procedural control to compensate for the lack of legislative control, the power behavior to focus on the way time and space, and relative participation, respect for the rights of people on the process of trying to solve the power control problem. program defense essence: the defense mechanism of the proceedings to the administrative procedures transplanted to seek justification for the Administration. It is through the relative defense of executive power, executive power and maintain the relative balance between the rights and enhance administrative efficiency and coordination between civil liberties, promote formal rationality and substantive rationality of the combination. The system of administrative files of the establishment of an exclusive right of defense to protect this most effective way.

2, the derived value of the controller. Controller of the multi-angle mode. An independent judiciary review of administrative action legalized. To provide legal for private relief, protection of the court supervision of the executive. With the gradual trend of public power's monopoly was broken, judicial review has become the world corrective administrative law, important means of protection of civil rights. Links http://www.hi138.com Research Papers Download