The modern view of justice has changed from the traditional view of substantive justice to the view of procedural justice with the function of' display', and procedural justice is an independent value concept that procedural law itself should have. In fact, substantive justice is so elusive, while procedural justice is a kind of justice that everyone can see. [5] (P2 13) Due to the long-standing legal tradition of "emphasizing entity over procedure", procedural justice is particularly important in China. Specifically including:
1, don't judge your own case. The challenge system refers to the system that the administrative organ should take the initiative to avoid or avoid at the request of the party concerned if the corresponding matter has an interest or other relationship with itself, or thinks that the administrative organ has prejudice or prejudice, which may affect the fair handling, and shall not participate in the handling of the matter. The challenge system comes from the principle of natural justice in common law, which requires that "no one should be a judge in his own case". The establishment of challenge system is related to people's expectation of legal justice. It is the basic requirement of procedural justice to avoid disputes related to one's own interests. The implementation of avoidance system is conducive to excluding administrative law enforcement personnel who have an interest in handling matters from presiding over administrative procedures and realizing administrative justice; It is conducive to eliminating the relative people's doubts about the unfair results of the procedure, increasing the relative people's trust in the administrative organs, improving their recognition of administrative decisions, and ensuring the smooth progress of administrative activities.
2. Non-unilateral contact system. Non-unilateral contact system refers to the system in which administrative law enforcement personnel cannot contact the other party alone, listen to their statements and accept their evidence materials when dealing with matters in which two or more administrative counterparts mutually exclude interests. Non-unilateral contact also includes that in the process of making a punishment decision on the illegal behavior of the relative person, the administrative punishment adjudication institution or the hearing host shall not discuss, exchange opinions and discuss the punishment content privately with the administrative institution or staff who investigate the illegal behavior and file a complaint without the presence of the punished person. Non-unilateral contact system is conducive to preventing corruption and prejudice in administrative law enforcement, and preventing administrative organs from favoring one party and harming the rights and interests of the other party.
3. Guarantee the right to know of the administrative counterpart. Protecting the right to know of the administrative counterpart is administrative openness, that is, in addition to state secrets, commercial secrets and personal privacy protected by law, administrative organs should make administrative management public in order to realize citizens' right to know. It requires the subject of administrative law enforcement to inform the counterpart in advance and listen to the statement, explanation or defense of the relevant facts and reasons (except for emergency and special circumstances stipulated by law) before making an administrative act that is not conducive to the counterpart. The essence of administrative openness is to restrict administrative power through legal procedures. The reason why the subject of administrative law enforcement should inform the counterpart before making an administrative act is to make the counterpart know something about the corresponding act, know and understand it, and make necessary preparations for fulfilling the obligations determined by the corresponding administrative act. The main reason why the subject of administrative law enforcement wants to listen to the statements, explanations and defenses of the relative person before the behavior occurs is to prevent and overcome the one-sidedness of administrative law enforcement and possible mistakes, and try to avoid unjust, false and wrong cases.
Sunlight is the best preservative. The openness of government affairs has formed a strong constraint on the government's decision-making, and provided institutional guarantee for the government's scientific decision-making, democratic decision-making and decision-making according to law. Each level has its own procedures and everyone has their own authority, so the operation of power is more standardized and transparent, thus establishing a relationship of mutual trust between the government and the people. The openness of government affairs effectively avoids black-box operation and ensures administrative justice.
Anyone who defends himself should get a fair trial. Hearing system, as a special form of hearing statements and arguments by administrative organs, refers to a system in which administrative organs listen to the comments and opinions of the parties on relevant issues and explain them at the same time when making administrative actions. Hearing system is recognized as the core of the basic system of modern administrative procedure law, which plays an important role in ensuring the openness, justice and fairness of administrative procedures.
6. Separation of functions. Separation of functions means that when an administrative organ exercises some internal interrelated functions, these functions are separated from each other so that they can be exercised by different organs or different staff. The separation of functions is the application of the principle of decentralization in the administrative subject. The separation of functions can prevent the corruption and abuse of power of administrative law enforcement personnel, prevent the prejudice of law enforcement personnel and ensure the fairness and accuracy of administrative decisions.
(3) Image justice is the external requirement of administrative justice.
The image of civil servants in law enforcement must be fair. In the process of law enforcement, besides substantive justice and procedural justice, civil servants should also conform to their identity in words and deeds, otherwise it will hinder the realization of administrative justice. At present, there is a phenomenon that individual civil servants do not pay enough attention to their own image in government agencies, which leads administrative counterparts and the public to doubt the fairness of government civil servants' work, and then to doubt whether administrative agencies enforce the law fairly. [3] (page 48)
Third, the platform needed to realize administrative justice.
(A) the market economy platform
"The market fosters the independence of market players. Market cultivation is actually the independent cultivation of market subject consciousness and ability. This independence is the full and reasonable release of everyone's subjectivity and personality energy in the market economy. " [6] (P 1 12) "This subjectivity and individuality means that individuals should dare to judge everything by rational standards, and individuals should have the freedom to conduct social activities according to their legal rights. " 〔6