美國聯邦行政節次法의 性格 = A study of the Federal Administrative Procedure Act in the United States

다국어 초록 (Multilingual Abstract)

The dominant factor in the development of the procedural aspect of American administrative law has been the provision of federal and state consitutions that no peson may be derived of life, liberty, or property without 'due process of law'. As interprted by the courts in the United states, the due-process slause imposes certain procedural demands on the American administration. whethr or not they are made mandatory by statute. It is through its exercise of powers of delegated legislation and adjudicaiton that the administration is able to determine private rights and obligations. TThereupon, a book on administrative law focuses upon delegated legislation and adjudication and deals with the deligation of legislative and judicial powers to the administration.
To earlier American writers on administrative law, the subject was divided into the question of powers and remedies. They thought of administrative law as that part of the public law which fixes the organizzzzaation and determines the competence of the administrative authorities, and indicaate to the individual remedies for the violation of his rights. they were concerned mainly with the delegation of authority to the administration and the judicial control of administrative action. In recent years, has come the realization that of equal, if not greater, importance is the exercise of power by the administration itself, And with this realization has come the emphasis upon procedural safeguards to ensure the proper exercise of administrative authority. An emphasis found legislative articulation in the FederalAdministrative Procedure Act of 1946. The law lays down the basic procedures which must be followed by American administrative agencis.
The heavy emphasis today is upon the administrative process itself-upon the procedures which the administration must follow in exercising its power of delegated legislation and adjudication. In this respect, administrative law relates more to producere and remedies than to substantive law.
In order to make out American administrative law. this paper refers to the character, and gives an outline of the Federal Administrative Act established in 1946, and at the conclusion, considers the problem of that Act.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 美國聯邦行政節次法의 慨要
• (1) 總則規定
• (2) 行政運營法的-規則制定節次
• (3) 裁決節次規定
• (4) 司法審査規定
• Ⅲ. 美國聯邦行政節次法의 問題點
• Ⅳ. 맺는말