1．The developing of China's legislation on administrative procedure
Administrative procedure law is the rules that administrative organ should obey when they do the public affairs. If administrative organ don't obey the rules, they will be illegal, and have to undertake the responsibility of law. Obeying the Administrative procedure law is the basic principle of legal system. Summarizing China's legislation on administrative procedure, we can see that there are four developing stages, from dispersing to concentrating, and from lower stage to higher stage.
The first stage is from the foundation of People's Republic of China to the end of 1970s, the legislation on administrative procedure is in the rudimentary stage. During this time, we had made some laws containing a few rules on administrative procedure, but these rules were inter rulers only used in administrative organ. There were not any administrative procedure rules to be made that used for society.
The second stage is from the end of 1980s to the end of 1990s,is the natural developing stage. With the developing of democracy and legal system's construction after the third conference of the eleventh Communist Party's congress, the legislation on administrative procedure had got a great progress, the laws, like "Regulations of Punishing on Public Order's Managing", "Law of Managing on Tax Revenue", had provided the rules of procedure for administrative organ to manage society, but these rules were simple, not systematic, protecting administrative organ's rights better than citizen's rights. The character of this stage is not conscious and scattered. The character of being not conscious mean that the legislature didn't get the importance of administrative procedure law, hadn't put the legislation on administrative procedure in working timetable. So even some administrative procedure law had been made, people always regarded them as a part of administrative substantial laws, not regarded them as the restricting to administrative power. The character of scattered mean that no special and systematic administrative procedure law were made, the administrative procedure rules were scattered provided in some administrative substantial laws.
The third stage is from 1989 to 1995, that is the consciously developing stage. In 1989, "Law of Administrative Procedure" was made, that indicated the legislation on administrative procedure's guiding ideology had changed greatly. The greatly changing is that pay the same attention to efficiency and fair, administrative power and citizen's rights, substantial law and procedure law. "Law of Administrative Procedure" is the basic law of China's administrative law system, it provided the legal system of exercising administrative power according to law, and the citizen have the right to sue the administrative organ. According to "Law of Administrative Procedure", when the administrative organ do the public affairs, they mustn't breach of procedure rules provided by laws, if not, they will be illegal, and judicial departments have the right to
examine the administrative organ's action, it means that legislation pays the same attention to breaching procedure rules and breaching substantial rules, and change the custom that pay more attention to purpose than measure, pay more attention to substantive law to procedure law in China, so develops China's legislation on administrative procedure greatly. "Law of Administrative Procedure" had taken great effect on China's administrative law system construction, indicate that the democracy and legal system's construction had reached a new stage.
The forth stage is from 1996, "Law of Administrative Punishment" was made till today, China's legislation on administrative procedure has reached to a conscious stage. "Law of Administrative Punishment", which was made in 1996, is the anther basic law in the administrative law system after "Law of Administrative Procedure", it filled in the gaps of administrative law system, and become a milestone in the construc