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Concerning Regulatory Administration

Author: YangFan
Tutor: ChengJian
School: Inner Mongolia University
Course: Constitutional and Administrative Law
Keywords: the regulatory state personal autonom challenge reason thinking
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 55
Quote: 0
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Abstract

As a result of the traditional Chinese ideology of official standard, Administrative Law in China mainly in the control of public power, protect private rights, and laissez-faire in the market to ensure free competition in the market fully.Needless to say, power-control theory in the history of the administrative law occupies a very important position in the path of development of administrative law also plays a major role in indelible. However, the regulation of today’s China State Construction and Reconstruction of regulatory and administrative concept of the main interests of protecting the market, safeguard the public interest to set many obstacles on the road.In fact, obviously on the theory of controlling power fails to completely adapt to the current development of modern administrative law, the trend can not be fully in line with our social and economic development in the current situation. Scholars who against construction of the Regulatory State the country and re-examine the scholars of the regulatory administration do not see the function and value of regulatory administration in preventing market failure, ensuring social equity and justice, and maintaining and balancing the public interest, personal interests. They also miss the bright side of the Construction of Chinese Regulatory State and Improvement of the regulatory administration for building the perfect executive administrative functions, reducing the social and market risks, protecting non-renewable resources. Thus, the combination of the practical needs of the country, on the Construction of Chinese Regulatory State of historical background, the re-conceiving of regulatory administration concept, revisit the importance of regulatory administration, necessity and limits of regulation is of positive significance.One policy of regulatory administration of government regulation of economic is a guarantee as the rule of law, democracy and freedom. In a strong advocate and promote democratic self-government, market economy, limited government today, repeating regulatory administration does not mean to restore a planned economy and all-round system of government, or to deprive citizens of their right to autonomy, but not for the abuse of power, erosion of the legitimacy of public interest to seek a legal excuse. Instead, be realistic and in democratic self-government under the premise of a market economy, respect for private rights on the basis of freedom, for some special and important area of regulation to be limited. Regulatory administration is adhering to the contemporary administrative law should prefer to achieve equity and justice rather than achieve the purpose of managing the operation, which aims to guide, support the market economy and promote civic autonomy and achieve optimal autonomy and protect the public interest, citizens welfare maximization. This is not only a manifestation of the trend of the times but also meet the different needs of expression, and it is under the concept of the new Chief Executive to make regulatory administration to play a new utility of a performance. Absolute freedom is not really as free as the emergence of regulatory administration is to better protect the citizens of autonomy, the market economy, and fair competition. In order to achieve social welfare and the public interest to maximize this goal, it is necessary to regulate the cost of regulatory administration output which is not negligible. Of course, the regulatory administration also has a number of administrative self-such as the lack of government regulation which requires the importance of the repeat; we must consider the regulatory focus on the means and ways, and methods. Making the regulation along the administration leads to the promotion of autonomy the perfect mobility and better play the positive initiative of market players, the potential of stimulating the market to achieve a more rational and equitable allocation of public resources to maximize the public interest and thus make the objectives of this right to continue.

Concerning Regulatory Administration

Abstract

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