Study On The Legalization Of Administrative Subsidy

Administrative subsidy is an important part of supply administration, which is animportant measure of administrative subjects using to improve social status and promotethe public interests. Administrative subsidy is deeply influencing the process of socialdevelopment. With the development of China’s national strength, the resources which canbe used for administrative subsidy become unprecedented huge. This is an opportunity, atthe same time, there are risks and challenges. In order to make good use of valuableresources and increase the welfare of the people to the greatest degree, the course ofadministrative subsidy must be brought into the orbit of rule of law. This paper is justexpounding and proving around this goal. This paper consists of introduction, text andconclusion and the text consists of five chapters.The first chapter is the fundamental theories of administrative subsidy. Administrativesubsidy is an optional administrative act, which provides money and material help for theadministrative counterpart in order to achieve the public purposes such as economicdevelopment, cultural prosperity and environmental improvement. At the same time, it alsohelp the administrative counterpart realize their own interests. Administrative subsidy canguide and encourage actions for specific public interests, improve administrative efficiency,realize the cooperation between the government and the people, highlight the function ofadministrative democracy. Social rule of law state theory, encouragement theory and gametheory are theoretical bases of administrative subsidy. There is cross relation on extensionbetween administrative subsidy and subsidy in international economic law. Administrativesubsidy is also different from administrative salvation, administrative assistance, transferpayment and other concepts. Administrative subsidy can be divided into interest-deliveryadministrative subsidy and burden-reduction administrative subsidy, competitiveadministrative subsidy and noncompetitive administrative subsidy, support typeadministrative subsidy and reward type administrative subsidy.The second chapter is fundamental principles of administrative subsidy. Administrativesubsidy may invade interests of other social subjects. Administrative subsidy is also related to reasonable use of public money, which is important public interests. So the principle ofutilizing subsidy according to law should be established as fundamental principle ofadministrative subsidy. The principle of subsidiarity, the principle of proportionality, the trustprotection principle are also fundamental principles of administrative subsidy.The third chapter is substantive regulation of administrative subsidy. Theadministrative subsidy must be set and implemented in order to target public interest.Publicness must be embodied in it. Fundamental rights and general legal principles shouldalso play an important role in the substantive regulation of administrative subsidy. In thisfield, it is urgent to establish regulational norms to provide common rules. And thislegislation will play the most important role in the substantive regulation of administrativesubsidy. In this legislation, the range of administrative subsidy should not be too wide, orelse we can not sum up the commonness and legal regulation will also be very difficult.Administrative subsidy should consist of delivery of money, material objects andconcessional loan. Burden-reduction administrative subsidy is another type of it. But otherEconomic support forms such as offer of guaranty or preferential chance to sign a contractshould not be content of administrative subsidy. According to the actual needs of thepresent stage of our country, we should choose the delivery of money and material objects,which is the most typical administrative subsidy, to carry out the legislative work.The fourth chapter is procedural regulation of administrative subsidy. In the view ofprocedural regulation, we should ensure information disclosure, establish the system ofhearing at the application stage of administrative subsidy. In the implementation stage, weshould establish effective mechanisms to ensure the obligations. Only in this way we canensure the administrative subsidy realize its system function fully.The fifth chapter is the judicial remedy and other supervisory mechanisms. At presentin our country, when social subjects apply to administrative subsidy, they can bring arevocation litigation if the application is refused. In the future our country should amendthe Administrative Litigation Law, realize the categorization of administrative litigation,establish real obligation imposing litigation, responding to the applicant directly. Besides,we should establish general administrative supply litigation, making administrative subsidycarried through administrative contracts get satisfying effective remedy. Establishment oftaxpayer litigation will strengthen the supervising of administrative subsidy as well.Besides the judicial remedy, the legalization of administrative subsidy also require the establishment of other supervisory mechanisms, which consist of administrativereconsideration, examination of budget, audit supervision and so on. So the administrativesubsidy can be regulated more comprehensively and more rigorously.