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On the theoretical basis of modern administrative law - balance theory

Author: LiHaiYan
Tutor: LiBaoQi
School: Yanbian University
Course: Constitutional and Administrative Law
Keywords: Modern Administrative Law Administrative Law Balance Theory Public interest Theoretical model Principles of administrative law Personal interests Administrative procedures Rights and obligations Executive
CLC: D922.1
Type: Master's thesis
Year: 2000
Downloads: 499
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Abstract

Any kind of theoretical system must be based on a certain basis , otherwise we lose ' to their survival \Theoretical system of administrative law is no exception . For the theoretical basis of administrative law point of view , according to the people on the executive authorities and citizens understanding of the relationship between the different law can be classified as \This article argues that in order to balance theory as the theoretical basis of administrative law . An administrative law theory of power control mode and the mode of management theory theory of power control from the constitutional principle, emphasizes individual rights based administrative control of the executive power as the standard to protect the rights of citizens , and advocated the establishment of judicial review should be at the core of control mechanism to control the executive power . But it ignores the positive features of executive power play . Hold this theoretical perspectives are mostly common law countries scholar. Management theory and the theory of power control mode is the mode as opposed to the theoretical model , advocated the role of administrative law is to protect the effective exercise of the executive power , the executive is the subject of rights in administrative law , citizenship is one of the main obligations relative to the neglect of the rights of individual citizens . Former Soviet theory of administrative law is the most representative of management theory mode. Controlling theory and management theory and development although there are some historical inevitability, but because they exist insurmountable flaws can not adapt to the modern requirements of administrative law hair mutual development is undesirable . Second, the theoretical basis of modern administrative law is to balance the balance of H on the theoretical basis of modern administrative law causes and conditions that balance theory is the reason why the theoretical basis of modern Chinese administrative law , because the balance theory in China has its own for the existence of economic foundation, philosophical foundation, ideological and cultural foundation , theoretical sources and basis in reality. p the balance of an administrative law , administrative law on the interpretation of balance theory refers to a variety of balancing the power of confrontation or conflict, after the formation of some kind of offsetting a state of harmony , it can be broken down into the following aspects of the balance : ( a ) the main administrative legal relations overall balance of rights and obligations . Administrative legal relations can be divided into administrative entity legal relationship between the body and the Administrative Procedure Act administrative litigation legal relationship. Administrative entities of unequal legal relationship between the rights and obligations of legal relations through administrative procedures \C) the public interest and the balance between individual interests and personal interests of public interest in general is the same, the two together constitute society as a whole. However, public and personal interests also exist between the local, short-term , individual conflicts of interest. When a conflict occurs between the two should be maintained between the two almost balance the interests of both sides is maximized. O) efficiency and a fair balance efficiency and fairness of administrative procedural law two basic value targets. A reasonable administrative process should be fair and efficient in finding a balance between the state , both sides must not be neglected either . 2, the equilibrium theory and Administrative Several Basic Theoretical Issues · two beans ( 1 ) The concept is based on the balance theory of administrative law the basic ideas on administrative law under such a definition can be : administrative law should refer to the operation of administrative power adjustment based on caused by the relationship between administrative relations and administrative oversight of legal norms in general. Q) on administrative legal relations , the so-called administrative legal relationship is adjusted by the administrative law administrative relations ( including administrative entity of legal relations and administrative procedures legal relations ) and supervision of administrative relations . o) on modern principles of administrative law administrative law , administrative law, the rule of law means that a party executive and administrative counterpart are equal before the law , equal protection of the law relative to one of the executive authorities and the legitimate rights and interests , and to pursue the administrative equivalent to authorities and the counter party breach. N) on the nature of administrative procedures . Standardize administrative procedures for the administrative organ , the only obligatory norms, and for administrative opposite side, then stand for the right to the performance criteria. Calendar ) on the nature and role of administrative guidance . In the premise of administration according to law , administrative authorities should further change the traditional management model , and actively implement administrative guidance , citizen participation in the management and administration of social and other measures to coordinate relations with the administrative counterpart . Calendar ) on the executive and legislative , judicial and administrative legislation stress diagram relatively equitable distribution of the executive authorities and the rights and obligations of a party . But in order to correct administrative organs may occur in stages violations of law enforcement , national administrative proceedings in order to achieve one of the executive and the relative balance . Were on administrative liability whether administrative organs and their staff , or administrative counterpart as long as violations of administrative laws and regulations, should pursue its legal responsibility . Third, the establishment of \l, can enhance the legal awareness of citizens . Twenty-two mutual 2 , can promote a more rational legislators legislate scientific activities . 3 , and urge the executive administration according to law . 4 , the Palace of justice for the law provides a theoretical weapon. 5 , in order to establish a sound system of modern law subordinated to mention a theoretical foundation . 6 , the administrative law study provides new scientific values and methodology . In the future, we must constantly balance the in-depth study on how to regulate the issue of administrative law .

On the theoretical basis of modern administrative law - balance theory

Abstract

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