Research on Administrative Law Order
|School||Southwest University of Political Science|
|Course||Constitutional and Administrative Law|
|Keywords||The order of the administrative law Value of the Generate status Structure general plan|
From a sociological point of view, the order is the basis of human survival and social development; from legal science perspective, the order is the cornerstone of the human pursuit of the ambitious goals of freedom, equality, human rights. Order in administrative law, has great theoretical and practical significance. Administrative legal order is the result of administration according to law run the inevitable logic of the evolution of human political order and, therefore, an important issue to be dealt with administrative law theory. However, due to a misreading of China's administrative law scholars for the traditional \lagging behind. I long-term commitment to the study of the basic problems of such an administrative law and order administration \has its own mechanism of evolution and the law of value change, with its own logic system and operating rules. I topics entry point is speculative spirit of hope can be a philosophy to explain the positioning of the order that is in the administrative law, a law logic, to illustrate the value of the order of the administrative law changes, go with a perspective of Comparative Law thinking about the theory of Western social order for the revelation of our country, a practice of thinking to consider building a harmonious society under the Perspective of administrative legal order generation state as well as the construction of strategy, this is the value of the subject, and also the thinking of fun. The topics will follow the wording of thinking \government and citizens empirical study, trying to reached to clarify the concept, straighten out the logic to deepen the understanding of the effect of the errors on the order of the administrative law clean out the traditional administrative law study, to find the logic of the evolution of the order of the administrative law mechanism to explore the order of the administrative law expect to be able to provide a useful intellectual reference for China's administrative law theory and practice in contemporary China to achieve empirical path. This article core structure of four main parts (excluding the introduction and conclusion), are summarized as follows: Part I: the basic theory of the order of the administrative law. This section focuses on the general issue of the administrative legal order, cut from the perspective of jurisprudence, the analysis of the three main issues: (1) the meaning defined in the order of the administrative law; (2) the formation mechanism of the order of the administrative law; (3) administrative expand awareness of the legal order. (2) the full text of an innovative point and difficult to parse out the order of the administrative law organizations from administrative law to the administrative group is expected from the executive is expected to be the rules of administrative law, administrative law rules to the order of the administrative law \mechanism; (3) of the study two jurists of the Western social order theoretical point of view, the purpose is to better define the status of the principle of good order in administrative law, the article that the order of the administrative law should be the primary administrative law value, the most basic value. The purport of this part of the study is twofold: understand the general meaning of the order of the administrative law; determine the frame of reference for further wording. Part II: the value of the order of the administrative law analysis. This part mainly consists of three children, trying to review and sum up the course of development of China's three decades of administrative law, the purpose is to extract about the evolution of the value of the order that is in the administrative law. From the initial management of administrative law concept of order \analysis in every stage of the order of the administrative law characteristics (focus from the point of view of the rights and powers of investigation), indicating a view: the basic theory of administrative law only continue to adapt to the needs of economic construction, continue to protect and promote the people's livelihood, continue to construct three mechanism (restrictive mechanism, incentive mechanism, cooperation mechanisms), can be a viable, in order to gain a foothold in the subject of law. Part III: Building a Harmonious Society under the administrative legal order generate status. This section is the wording of a financial speculative and empirical as one of innovation and difficult. From the jurisprudence of a core concept - \public interest and private interests of the game, positive interpretation, indicating the power of private interest \. The second will examine the Building Harmonious Society under the administrative legal order to achieve conditions, the increasingly flourishing of democracy, the market economy is increasingly developed, administrative and legal system is improving daily \the complexity of the relationship between party and government, the backwardness of the administrative system, the persistence of traditional culture, civic awareness thin \Part IV: Building a Harmonious Society under the administrative structure general plan of the legal order. This section will once again closely around the executive power and civil rights, the Government and the citizens of the two contradictory empirical investigation. First will explore the concept of building a harmonious society under the Perspective of administrative legal order support - services and cooperation, trust and communication, equality and cooperation, this part will get rid of the sense of \awareness that only the executive power and civil rights of all aspects of communication and cooperation, only the government and the people of mutual trust and interaction, benign administrative legal order to be truly established. Second will be focused on building the operation of the protection mechanism of the order of the administrative law - and restraint mechanisms, incentives, cooperation mechanism Trinity. This is a deeper investigation of the first two questions, requirements beyond the phenomenon bound up thinking and solving problems from the macro-level institutional mechanisms, this part will continue to closely link the administrative law two pairs of the basic contradictions body (executive power and citizenship, government and citizens) to start from the dynamic to grasp three mechanisms of internal coordination and external coordination. Finally, starting from the \positioning the role of government, to change the way of administrative law enforcement, accelerate the establishment of civil society, innovation and citizen participation mechanisms. Only these four aspects of a good grasp of the administrative legal order to establish a steady, harmonious interaction between officials and the public views can be truly realized.