Formation of New View of Administrative Procedure and Its Jurisprudence—— Re-understanding of Administrative Procedure Function and Its Basic Organizational System in Pluralistic Society

The complexion of governing a pluralistic society leads to the result that the value presetting of administrative procedure should not stop at negative right protection and power control,but certain positive function needs to be further introduced.Correspondingly,on the one hand,traditional function of administrative procedure should be insisted and reformed while on the other hand,which is more important,formative function such as ensuring the rationality of administrative decisions,improving the public trust in administration,and adjusting the relationship of multiple interests,should be shouldered by administrative procedure.Therefore,necessary basic organizational systems should be built including new function servicing administrative procedure,public participation mechanism,and negotiating and consulting procedure mechanism,as well as the procedural choice,combination and designing mechanism to ensure the rationality of administrative decisions.