Research On The Scope Of Administrative Regulation In The Viewpoint Of Public Law

With the emerging of regulating nations, administrative regulation has gradually felled into a common subject for the economics, sociology, public administration, law, law and economics. Hence, the theory of regulation takes on many theoretic appeals and systematic characteristics under different viewpoints of research. This transdisciplinary trait of regulation provides us with profitable stage of theory and system for the study of the relations between government and law, state and society from the viewpoint of public law. Nevertheless, the study of regulation in the viewpoint of public law requires us jump out of the path dependence on the traditional economics an administration, and turns to the analyses of the influential scope and degree imposed by the government to the market from the visual angle of the relations between power and right, as well as law system, so as to expand the application of regulation in terms of public law. Otherwise, regulation's quality of public law will be easily melted in the transdisciplinary trait. As stated by Mencius, a sage in ancient China,'Virtue alone is not sufficient for the exercise of government; Law alone cannot carry themselves in practice.' This essay, hereby, is based on the transdisciplinary trait to make an academic study on the scope, degree, boundary of the administrative regulation from the viewpoint of combination and compatibility of rationality and legitimacy, with the attempt to make a theoretic response and practical satisfaction to the requirement for the justice, validity, and legitimacy of administrative regulation during the public governance in modern society, in the hope of contributing a small test field to the practice, through which administrative law can response to the revolution of public administration.Chapter One chiefly introduces a series of issues, including the background of the selected topic, the aim and meanings of the research, the researching thoughts and considerations, as well as the overall framework and researching methods.Chapter Two gives an overall description to the scope of administrative regulation from the horizontal, vertical and dynamic dimensions. Firstly, it clarifies the concept of the scope of administrative regulation, i.e. the scope of administrative regulation refers to the overall scope and changing amplitude of regulating objects, functions and degrees, which is established by the regulation subjects in order to deal with market failure and maintain the public interests of the society. Secondly, it indicates that the scope of administrative regulation is a dynamic concept, according to which, the horizontal scope is made up of regulating objects, the vertical scope is compose of regulating functions, and the cubic scope is the dynamic scope which is caused by the changing of the regulation degree. Chapter Three scans the relations between the power of regulation and the right of the relative parties, the system of responsibilities of the power and the remedies of right in terms of the relations between the government and market, which set a legal and theoretic base for the following rational analyses and legitimate construction of the scope the administrative regulation. First, this essay holds that although the theory of market failure preliminarily determines the border for the government's intervening in the market, one of the tasks of public law in the field of regulation still remains to answer to the questions, such as who will define the legal quality of market failure, and who will determine the boundary of the functions of regulation? etc.. Second, another task for the public law is to answer the questions, such as what the relations between the power of regulation and the right of the relative parties is, and how we can define the relations between the power and responsibilities, and between the right and its remedies, and so on.Chapter Four aims to provide a reasonable proposal to the construction of the scope of administrative regulation in the spirit of science, in the meantime of the above legitimate survey. First, the economic analyses to the degree of regulation supplies us a theoretic support to our research on the dynamic changing process of the scope of the administrative regulation. Second, the practice conducted by IAEA in the regulating field of radioactive waste materials supplies us the empirical data for us to set the scientific regulation workflow. All these rational exploration and pursuit are inevitable for us to research on the scope of administrative regulation.Chapter Five makes an overall definition to the source, scope and border of the power of the regulation from the viewpoint of public law, especially makes concrete suggestions on the procedure of regulation to regulate the regulation subjects and the ways of the remedies to the relative parties. Although this chapter mainly uses the traditional methods of administrative law to analyze the regulation, these still serves as the basic methods of public law when we try to analyze the regulation issues.As a conlusion, in Chapter Six, we find that if we can synthetically take advantage of the methods, which we emphasized in the end of this essay, such as the methods of cooperating regulation of multi-subjects, regulatory impact assessment (mainly cost-benefit analyses), and processing reengineering discussed above, we will surely create a new area in the establishment of the scope of administrative regulation from the viewpoint of public law.