On the function of administrative procedures - the perspective of an administrative process

[Abstract]: from the perspective of administrative processes, administrative procedures can be considered to constitute a pArt of the administrative process. Relative to the administrative process systems, administrative procedures with the promotion system is a series of adaptation functions, including the promotion of democracy in the administrative process and rationalization of the rule of Law and so on. administrative procedure also has some negative features can not be ignored, including the value of the flight and technical ethical alternative, the responsibility of the drift and so on. These negative features included in general administrative procedures, often damage balance of the administrative process of the system, the construction of proper administrative procedures.

[Keywords]: administrative procedures are functions negative functional administrative process

First, the administrative process of the problem --- the administrative procedures of the View of the macro according to the view of Mr. Shiono, administrative procedure act by the plural form consisting of chains with even. These acts in the form of administrative legislation, administrative action , contract administration, administrative guidance and administrative programs. All these forms of behavior that the procedures followed, they constitute the administrative procedures of the administrative system in general. If the administrative process as all the macro-process called, then,���� Procedures Ke Yi as a micro-process to grasp. [1] In other words, if we as a whole administrative process or system, then this overall administrative procedures or systems constitute a pArt of.

Administrative procedures relative to the administrative process systems, the system should have some sort of administrative processes to meet the functional requirements of the objective results. In other words, administrative procedures, administrative processes to help promote the coordination role of a run. Analogy biology example, the "to be sustained if the cell life, blood must have enough speed to transport oxygen necessary for living cells." [2]
Administrative processes like cells, cells need oxygen, then the administrative procedures will be in the administrative process such as blood, a function of its characteristics (such as transmission speed) to meet the cell's oxygen needs. Thus, from an objective can be observed, administrative procedures for the administrative process system with adaptive functions.

However, administrative procedures, administrative processes of the system for this function, generally refers to a positive function, which is a positive role. In the present study on the function of administrative procedures, often there is a tendency to function as an administrative procedure the value of administrative procedures understanding and discussion. For example, in Mr. Jiang Mingan editor of the <<Administrative Law and Administrative Procedure Law>> elaborates on the function of administrative procedures is the text that preceded the value of administrative procedures. [3] In fact, the value and functions are different meaning of the concept of different levels. In Adam Smith's classic work, the value of the original meaning of the term refers to the quality and quantity of commodity exchange. after the term is widely used in philosophy and other disciplines to become the Economic, moral, , aesthetic, and logic to study an area; and the corresponding value was given a broad meaning of the good sense to become used to cover such as justice, fairness, efficiency and so the "big words." Thus, "value" The word is generally said that "good" or "good" and "function" of the word through the transformation of American functionalism Merton scholars, it is now generally is a neutral term, does not imply good and evil tendencies. [4] Therefore, value only to the positive features and administrative procedures linked to, but not the same level and function of the concept on. [��] can be said that it only has value due administrative procedures, and general administrative procedures that may wish to have certain functions, These features include positive and negative aspects.

The introduction of administrative procedures in our system and a study of administrative procedures in the process, more emphasis on its positive features, and even positive function as its only function, while completely ignoring its negative features. [��] as Mr. Yang Jianshun pointed out: "People are more positive effect from the administrative procedures to observe and analyze the value of administrative procedures in order to highlight the importance of the procedural value, thus consciously or unconsciously, due to administrative procedures administrative procedures equivalent to or even due process of Law���� (due process of Law), neglect of proper administrative procedures or do not pay attention to the opposite - red tape and formalism of administrative procedures. Based on this consideration, I think it will be in the study of administrative procedures and the proper distinction between these two concepts of administrative procedures open. only the proper administrative procedures, it has a current value of many commentators claim, is the executive authorities in the administrative process must be followed guidelines for the protection of civil rights provided by legal norms, fair and democratic process ; and general administrative procedures are often have both positive and negative effects. In fact, people stressed the procedure value of the time, has consciously or unconsciously, to which due process claims as its object. of administrative procedures, two points need to be looked at the use of dialectics, it is necessary to the proper administrative procedures for analysis, but also explore the general administrative procedures; it is necessary to the general positive effects of administrative procedures to inspect, but also to analyze its negative effects. "[5 ]
The purpose of this paper is that from the perspective of administrative procedures, clarify the administrative procedures of the positive features and negative features.


Second, administrative procedures, administrative procedures for the functional characteristics of the system to meet the functional requirements of the administrative process, you must have some aspects of functional characteristics. Functional characteristics of these administrative procedures, administrative processes of the system can promote harmony and unity, efficient, reasonable to run, thereby contributing to the evolution of the system of administrative processes. the functional characteristics of administrative procedures, generally close ties from the following five aspects to be explained:
1 universality of universality means that the executive program can indiscriminately and equally adapted to its object specification, that is, the special character of relations to overcome. Universality and pArticularity is relative, it represents a rational and abstract equality , in terms of any object is a flat water. administrative procedures is the primary characteristic of universality, this universality of administrative procedures from the universality of laws and legal process, can be said that the administrative procedures is inherently universal.

System of administrative procedures are embodied many of the universality of administrative procedures, such as avoidance system, information disclosure system. Evaded is on the executive and administrative staff of the special relationship between the relative exclusion. This special relationship may be based on the executive staff for some ascription factors such as race, sex, blood, the formation of regional and other prejudices, but also may be based on the executive and administrative staff of the existence of a self-relative consistency between the factors such as money, relationships, division Health and relationships. information disclosure system is also to be excluded from the special relationship. to information held by administrative organs within the scope of the statutory open to all, everyone have equal access to this information, not because of some special factors which led to access to information asymmetry.

If the administrative procedures as a continuous improvement process, the administrative procedures is continually from the pArticularity of the universal evolution.

2 impersonal impersonal administrative procedures related to its universality has a strong, but the two are not the same meaning. Universality refers to the administrative procedures of the special relationship of personality to overcome, rather than the personification refers to administrative procedures tend to Personality overcome. In other words, the operation of administrative procedures, whether the executive or administrative staff of the relative, who as a "human" characteristics are excluded, they are only administrative procedures necessary for the operation of the two roles - the executive staff and administrative counterpArt. When some people enter the administrative procedures such abstraction mechanisms to represent the image of their own dress, hair, temperament, ideology, and so personalized erased all the things they administrative procedures to be transformed into the role of the two eligibility. people to become role, which is the condition of administrative procedures to be carried out. In the administrative state or administrative law system, the administrative procedures of this abstraction mechanism is everywhere, there are two people role-playing choice: either to become the executive staff, or as the administrative counterpart. sense of apathy in the program, when people simply to be "abstract" as the "administrative counterpart"; when people play a role in the number of passive more will come to identify with this role, and in this role, and finally people are familiar with these procedures and the rule of law take the initiative to play the role required, at which point Procedure Law also about to close.

3 �� technical administrative procedures of the technical and administrative procedures on the one hand reflected in the law has a strong technical, but is itself a complex procedure by a number of sophisticated system consisting of; the other hand, the performance of the administrative procedures that are purely technical, It forms a point to its own technology ethics. administrative procedure system constituted by a series of procedures, including administrative hearings, state the reasons the system, open system of administration, files system, separate tribunal system, evidence system and so on.

The administrative procedures for specific systems can be regarded as the functional differentiation of the system continue to come, and this functional differentiation continued evolution of the universal and impersonal. With the installation of these systems developed, they formed a complete technical administrative procedures of the chain, inter-related technical administrative procedures to ensure the operation of chain coordination, accuracy and efficiency. dogmatics from the legal point of view, such a logical, systematic process technology is the perfect embodiment of human reason, but also the diligent pursuit of legal experts The. From this sense, the technical administrative procedures, can be regarded as its essential properties.

From a purely technical point of view, administrative procedures, the formation and functional differentiation in the process of trying to make themselves clean, get rid of moral and political influence, a purely legal technology. As an increasingly stripped of political and moral color of legal technique, The value of the primary point gradually from the outside, increasingly point to itself, forming a so-called technology ethics. In other words, in the administrative process, is the process technology, rather than procedural entities serve, first of all be good or bad, evaluation of appropriate and inappropriate. For example, when we realize that <<Administrative Punishment Law "> provisions on hearing procedures because no transcripts of the hearing to determine the legal effect and that the Administrative Hearing procedures are not complete, and <<Administrative License Law "> provisions on hearing procedures for the hearing record to determine the legal effect and that when an administrative license hearing process complete, professional first concern is the completeness of the hearing whether or not the program itself, and as technical standards for evaluation, but not based on whether it helps protect the rights of administration relative to the standard evaluation - even though most scholars often claim that is conducive to the protection of the rights of administration relative to the standard. as to the statutory procedures for the evaluation of hearing people, mostly possess sufficient legal expertise, this evaluation must be a so-called expert analysis, in theory, should be limited to the range of professional, that can only evaluate the technical level, this is modern professional knowledge "value neutral" as required. And from the "protection of the rights of the administrative counterpart" This is democracy the value assigned to the administrative procedures to evaluate the perspective of administrative procedures, from a technical point of view is not scientific, because the professionals should far as possible moral and political influence, should remain silent in the face value; if not completely rule out these effects, then we must take these effects into the so-called "law made by French", its legal technology ethics stand out.

4 intermediary the intermediary of the administrative procedure has two meanings: First, the behavior of participants in administrative procedures is always through other people's behavior to achieve. Administrative procedures posed by a series of steps, each step of the participants is different, each participant completed only part of the administrative procedures. Therefore, the behavior of each participant is only part of the administrative procedures, and only through other people's behavior, the behavior of each participant to obtain a complete . The second is that the administrative procedures of the participants (administrative body staff) will perform their own administrative procedures as a means or tool. Since the administrative procedures of the participants completed only part of the steps, his behavior lacked integrity, which makes the participants can not accurately understand the ultimate consequences of their actions. each program participant intentions and procedures between the actual completion of a great distance, the space between filled with a lot of subtle behaviors and actions were irrelevant. Yiner administrative Chengxu participants have always believed that the conduct of others whose behavior is only an intermediary, the ultimate is the legal agency administrative procedures.

Separation of functions in the administrative procedure system, the debate reflects the system of administrative procedures and so the intermediary. First of all, hearing procedures and the investigators separated the chairperson, general administrative procedures in the case of investigators, reviewers and awards have isolated these personnel in the implementation of their duties, each person completed the administrative process only a part, and everyone is not an independent state, but rather a state agency that will enforce the law themselves rather than their own will. Second, the administrative procedures can not be met in many cases the executive staff to complete, but requires the active cooperation of administrative opposite side to complete. If the statutory procedure, start by applying for an administrative act would require the counterparty to apply, the Chief completion of the hearing procedures require a relatively square cross-examine and debate proposed. These systems embody the intermediary of the administrative procedures.

Links to Research Papers Download http://www.hi138.com 5 �� conceptual idea of the administrative procedures of administrative procedures is mainly refers to the situation by a series of super-knowledge, ideas and so posed. This idea of, on the one hand performance of ultra-situational procedural techniques, on the other hand the performance of the administrative procedures with the knowledge for its own reproduction mechanism.

First, the so-called super-situational procedural techniques, is a set of specific administrative procedures discourse or knowledge, and this is difficult to restore the knowledge and the discourse of personal experience in the specific scenario. Administrative procedures in the daily administrative activities steps, time limits, and other abstract from the order of the legal system, usually to build a set of specialized legal terms, and build a set of legal terms the administrative procedures of the technical knowledge itself is very abstract and complex, and only through special , stylized to acquisition of teaching and learning, it is difficult to restore the life experience of ordinary people; the contrary, ordinary people first learn only after the relevant knowledge, to enter into the composition by a series of administrative procedures to the administrative process. files of the administrative procedures of the system is the embodiment of this concept. dossier is based on the evidence of administrative acts, records and legal documents such as sorting according to certain rules of procedure for collecting from the written material, files a written administrative procedures will be immobilized discourse and formatting, and in this format description written discourse and construct the entire operation of administrative procedures. dossier formed, the characteristics of the closed format to ensure that the effectiveness of written discourse, as against the administrative acts administrative review and judicial review of the basis.

Second, the administrative procedures of this concept is also reflected in the administrative procedure of available knowledge for its own reproduction mechanism and speech mechanisms. Administrative procedures in administrative law and administrative law, the growing importance of knowledge, the world produces more and more within specialized Research professionals in administrative procedures; administrative procedures are finely divided into many fields, each one of the professionals selected for intensive one or two. These professionals are engaged in work is the production of knowledge about the administrative procedures and theory, and on the knowledge of knowledge, on the theory theory. these are matters of administrative procedures of knowledge and theory has specialized speech mechanisms, including specialized terminology, specialized methods, specifically the theory, such as "File Exclusive", "functional separation "," procedural justice "and so on. The mechanism of speech forming a knowledge of administrative procedures in the palace of this threshold, this threshold with the accumulation of knowledge and theory will become increasingly high, and cross this threshold requires professionals administrative procedures in accordance with the mechanism of speech to express ideas and Research, reproduction out more about the knowledge of the theory of knowledge and theory to the high base this threshold.

On one hand, this threshold within the administrative process systems can be converted to speech mechanism of administrative procedures, that the administrative process systems can be explained by knowledge of administrative procedures. On the other hand, the way this procedure and interpretation model, will profoundly affect the entire administrative process system, that is, more and more inclined to the whole administrative process system process knowledge of the explanatory model, which become more and more procedures. In short, both inside and outside the terms of this threshold, The idea of administrative procedures will be growing.


Third, the administrative procedures because of administrative procedures is a function of some of the above functional characteristics, so the process of administrative procedures to meet the administrative needs of certain features of the system. The objective effect, we can observe, administrative procedures, administrative processes contribute to the system internal and external coordination, these functions are generally positive, positive. administrative procedures relative to the administrative process of the system is functional, at least can be summarized in the following six broad areas:
First, the administrative procedures with the promotion of democratization and rationalization of the administrative process functions. Based on democratic principles of modern administrative law not only requires the exercise of administrative power, and requires the exercise of executive power in the process, we must respect, listen and absorb may be subject to administrative The relative role of the right of people's views. First of all, the universal features of the administrative procedures to help the administrative counterpart to the equal participation in administrative procedures, excluding the impact of special relationship or interest, to improve the administrative process of democratization of color. such as administrative procedures Law of the hearing system, open system and an explanation system to guarantee the effective participation of the administrative counterpart, making the administrative process is no longer a unilateral "command - to obey" model, but integrated into the democratic factor. Secondly, the Chief the intermediary of the relative efficiency of administrative body and administrative cooperation between parties to complete the administrative procedures. administrative procedures to complete, is a by facts, evidence and procedural equality between participants in the process of dialogue and rational persuasion. In other words, the administrative procedures intermediate characteristics determine the administrative procedures should be followed through rational persuasion and argument to make decision, and not arbitrary, arbitrarily make a decision. [6]
Second, the administrative procedures for the administrative process with the rule of law functions. Impersonal administrative procedures with the characteristics of the legal procedure is that the highest expression of impersonal feature. Meanwhile, administrative procedures, but also has medium, inter-related the formation of the program chain. through legal procedure, the so-called administrative act administrative body every step into the orbit of the rule of law, promote the rule of law in the administrative process. This is reflected in three aspects: First, the law will be an important process of administrative acts be a statutory body, which is an integral part of the process of administrative procedure acts specified in the legal documents; the second is a legal document must be clearly defined procedures to comply with or not contrary to, and clearly defines the legal consequences of violation of legal procedures; third administrative procedures will be in principle the provisions of law, that is, the principle of due process provisions of the statutory procedural requirements to make up for the incompleteness that may occur.

Third, administrative procedures, administrative process with the protection of civil rights functions. Administrative procedures with the intermediary, the intermediary through administrative procedures and thus, the civil rights of the administrative process can be effectively protected. First, the administrative procedures will help citizens the realization of substantive rights. procedural rights to serve some sort of points to substantive rights or legal interests of the results of procedural rights for the entity provides a means to achieve results, methods, means, steps, etc., which constitute the process of achieving the results entities. Second, administrative procedures to help protect the procedural rights of citizens. in the relationship between administrative law and administrative proceedings relative to the rights of people only through the appropriate administrative procedures to safeguard. The Chief of the relative protection of the rights, the rational exercise of executive power, in the final analysis must recognize and protect the party should enjoy the relative procedural rights-based or premise. [7]
Fourth, administrative procedures, improve administrative efficiency of the process with the function. Administrative procedures with the intermediary and technical, which guarantees the administrative procedures to improve the efficiency of administrative power. Intermediary administrative procedures, means that the administrative procedure is divided into a number of specialized and fixed the steps and order; the same time, administrative procedures, administrative procedures to ensure technical completeness of various technologies, which enable the operating mode of administrative action. First, the administrative procedures of the aging system to ensure all aspects of administrative procedures are time restrictions over the allotted time shall constitute an offense. Secondly, in order, without prejudice to administrative purposes, the administrative procedures under the condition that easy, you can improve administrative efficiency. again, format the system of administrative procedures, administrative actions that should be standardized, standardization is to improve an important guarantee for administrative efficiency. Finally, the participation in the mechanism of administrative procedures, reduce administrative obstacles to the process and the subsequent possibility of an administrative dispute, thereby increasing administrative efficiency. [8]
Fifth, administrative procedures, administrative processes of the court with ease after the end of the function of judicial review. This is actually the universality of administrative procedures, administrative processes intermediary in promoting democratization and rational at the same time, with implementation of a function. In the administrative act, if in making the appropriate stage of an administrative decision to allow the parties an opportunity to participate, an opinion, or even influence the formation of the decision, then, made the decision after a formal more likely to the parties to accept. Thus, the administrative procedures in advance through the prevention and supervision of administrative action, not only can make a lot of administrative dispute can be avoided, but also reduce the administrative action after the Court's judicial review of the burden. [9]
Sixth, the administrative procedures have enhanced the acceptability of the administrative process to integrate social functions. On the one hand, administrative procedures, administrative processes can contribute to the democratization, rationalization, thereby enhancing the acceptability of the administrative process. On the other hand, the Chief the concept of the program through administrative procedures is also the knowledge of reproduction mechanism, the administrative process and the whole society the impact of general procedures to integrate social meaning from the program. For dramatic transition in contemporary China, the heterogeneity of the world view , values of the cross and interaction have become part of the social environment, and gradually penetrate into various fields, social conflicts and the intensification of the upward trend. Since the value of any dominant position can not be resolved to the value of conflict, it can only be a certain value-neutral sense of the variety of legal proceedings to protect the value of live in peace, in a rational way to decide public affairs. administrative procedures to introduce and expand the system as a communication between the Government and citizens, rulers and the ruled a bridge between the rational , for enhancing the acceptability of the administrative process and the integration of social, undoubtedly has an important role. [10]

Fourth, administrative procedures relative to the negative function of the administrative process system, the function of administrative procedures is not necessarily a positive function can be observed, which weaken the system, there is also adaptive, the system does not expect the number of participants objective consequences, that is a negative function. In other words, the general system of administrative procedures for the administrative process, there is a mosaic of its internal structure, the negative effect is almost imperceptible. This negative function can be summarized as the following areas:
First, the value of the pull away. Administrative procedures is due to the formation of democratic politics needs the protection of national rights, as Shiono Macro said: "These four principles, the country's history as the background, which is specifically expressed in the form of, for different countries vary. In addition, its based on are not identical. basically all the procedural rights of citizens, and interests to be protected, this is a common concept of the countries. "[11] In fact, the" protection of nationals rights "that constitute the administrative procedures for the substantive value of the momentum generated factors, however, after being elected in the administrative procedure, which will be suspended across the substantive value of it and less of an impact on the evolution of administrative procedures. This substantial Jia Zhi Xuan every reason it will be, on the one hand is because of the value of legal experts, the need for neutrality, the other is because when people are of about the law on the right, while the right has been based around interest, the last being Another abstraction of about - money, it means that people have been abstracted out; the same time, people in the administrative procedure is the same impersonal nature of participants for the role. Legal experts in administrative procedures to promote function evolution, it is basically only consider how to make this process technology more logical perfection (really pursue). this time the dynamic evolution of the administrative procedures of factors have left the pursuit of pure and perfect program technology interest, while the "protection of national rights," leaving only a vague and distant value of prints. The value of administrative procedures to be pulled out, leaving only the function of the legal technical sense.

Secondly, conscience instead. Administrative procedures with a high degree of intermediary and technical. The implementation of administrative procedures in the administrative organization system administrative staff, and administrative staff in the implementation of administrative procedures, his concern is not whether the administrative procedures is conducive to the relative protection of the rights of administration, but all towards his superiors. superiors as his highest goal of moral concern, while the highest moral authority. He will command his superiors as a means to achieve this concept and Japanese scholars call "the administrative procedures law" on the civil servants as a means of achieving public service is the same person. He is not the moral concepts of good and the beautiful, the substantive standards that leave the evil ugly, and only loyalty, duty, discipline and other terms, in the discipline within the parent account and faithfully completed the task, is the story rather than. administrative staff to complete administrative procedures of the technology, not its real goal of the service has been good or bad, appropriate and inappropriate evaluation. In this way, administrative staff of the traditional ethics of conscience be replaced by technology, and administrative staff only care about whether strict implementation of the higher orders. this alternative technology and administration of the program itself is the same ethics.

Again, the responsibility drift. Administrative procedures of the lead responsibility for the intermediary in the organization drift. Administrative organization system is a linear hierarchical organization [��], in the implementation of administrative procedures, the administrative staff is always higher in the implementation of the order, which kinds of command means that a higher level staff in the agency administrative procedures, each staff member in the organization, but consider themselves agents of others in the implementation of administrative procedures only, the highest authority of the organization who also consider themselves in the implementation of the procedures prescribed by law . In short, when the alleged violation of legal procedures, there is no individual to take responsibility, the responsibility to drift throughout the organization. individuals possess the traditional moral responsibility has been completely resolved, when the administrative procedure is violated, the responsibility can be shifted to organizations . Since the lifting of individual moral responsibility, as each administrative staff through one or more "other" to implement administrative procedures, his own behavior and the consequences of the administrative procedure there is a gap between, on the whole cause of his caused by administrative procedures of administrative consequences of relative indifference. administrative staff without reflection to act according to the executive, even if it may lead to dire consequences, administrative personnel turn a blind eye. [12]
Thirdly, through the program is the justice. Modern state monopoly of the various kinds of violence and armed with advanced technology, and focus on the implementation of violence. With the backing of such violence proceedings, usually to be universally followed. However, this follows not in the heart of identity-based, but other than the mandatory basis. When the administrative procedure is started, other than ordinary administrative organizations are forced to become participants in administrative procedures, this time, he, in the face of the super-scenario abstract procedural mechanism, it is possible Ruzhui cloud-like, feeling helpless. For example, according to the author of an Urban Management Team, Beijing, June 30, 2007 -2008 on July 1 for a whole year statistical analysis of the case file of the investigation, although law enforcement authorities during the punishment will be punished under the law people have this right to a hearing, but did not request a hearing of the case, a large reason for this is to be punished hearing people do not know the mechanism of this process of legal content and legal significance. Therefore, the average person, although he did not fully understand this complex, highly conceptual process technology, but the violent machine asking him to trust and obey this technology, which can be content to live in by law experts out of production and reproduction technology, under the procedures of this abstract, in this sense, justify the form of administrative procedures will have been achieved. This is similar to what we do not understand the aerodynamics and aircraft manufacturing process, but We continue to accept this technology and needed peace of mind to their lives to this technology product.

If we as a purely administrative procedure legal techniques of abstraction, then the legitimacy of administrative procedures due to a technical sense only. In other words, this justification does not have any real significance of this legitimacy function only to stabilize the administrative procedures act of generalized expectations of state violence through the administrative procedures for the support to produce a generally accepted phenomenon, this generally accepted phenomenon can be "justice" is the word to be signs. This is constructed of Luhmann's theory of procedural justice --- "by the program is the justice." [13] However, in a sense, this theory of procedural justice is the appearance of its own technology, this abstract concept Chengxu of performance, this theory theory does not overcome its negative features, but instead to further promote this process technology is abstract, it actually reflects the current process theory itself, some poor.

Modern society, just like in Lu Xun's so-called "no matter the array" or Kafka described as "the castle", the unknown to face a lot of abstraction so technical, administrative procedures, but is one of them . in the administrative state, the administrative procedures can be said to be one of the most important and most common. In front of this abstraction, the average person even though the technology is difficult to understand what it means, but must be subordinate to the administrative procedures that the rule of abstract legal technology. So, how to play a positive function of the administrative procedures, inhibit the negative function of the administrative state is facing a major issue.

Notes:
[1] Shiono macro: <<Administrative Law>>, Beijing, Law Press, 1999, P63-64, 189.

[2] Merton: <"Social Theory and Social Structure>>, Nanjing, Yilin Press, 2006, P102
[3] Jiang Mingan editor: <<Administrative Law and Administrative Procedure Law>>, 2nd edition, Beijing, Peking University Press, Higher Education Press, 2005, P368-369
[4] Merton: <"Social Theory and Social Structure>>, Nanjing, Yilin Press, 2006, P112-113
[5] Yang Jianshun: <<the idea of legislation and administrative procedures "Reflections", in <<Legal Forum> "2002 (6).

[6] Xi-Zn: <<rational principles of administrative procedures to be> ", in <<Law and Business Research" "2000 (4).

[7] Xi-Zn: <<administrative process procedural rights relative Research "", in <"China Law>>, 2001 (4).

[8] Wang Wanhua: <<Administrative Procedure Act on the> ", in <<Administrative Law FORUM>>, Volume 3, Beijing, Law Press, 2000, P254-259
[9] Jiang Mingan editor: <<Administrative Law and Administrative Procedure Law>>, 2nd edition, Beijing, Peking University Press, Higher Education Press, 2005; Wu Geng: <<administrative law theory and practical>>, Beijing China Renmin University Press, 2005; Weng Yueh-sheng editor: <<Administrative Law>> and lower volumes, Beijing, China Legal Publishing House, 2002.

[10] Ji Weidong, Wu Ming: <"What is the seating arrangement in China? --- As the greatest common divisor of the Chinese experience and the value of re>", in <<21st Century Economic Report>> ,2005-12-26.

[11] Shiono macro: <<Administrative Law>>, Beijing, Law Press, 1999, P193
[12] Bowman: <"Modern sex and the Holocaust>>, Nanjing, Yilin Press, 2002, P199-217
[13] Arthur Kaufmann, edited by Winfried Haas Merle: <"Modern legal philosophy and legal theory Introduction">, Beijing, Law Press, 2002, P188-189.

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