The Administrative Law Expression Of The Interests-Balancing Mechanism

In the perspective of the administrative recuperation system and by the aid of the observations on itself and given theoretic resources, we systematically state that the interests-balancing mechanism is an efficient mode of settling interests conflicts in the civilized society and the only way to the society of law and the society of harmony. Through the comparisons and analytics, it points that the key of the solution to the conflicts between private interests and public interests is to deal with the relations between the rights of person and the power of state reasonably and search for the optimum balance point between them. For the conflicts between private interests and public interests, we should not adopt the means of unilateral force, but should make full use of the means without force such as gaming, compromise and contract, so as to let the interests-balancing mechanism play fully in coordinating the conflicts between private interests and public interests.This paper consists of introduction and four chapters. In the introduction, we present the criterion of selecting topic, the meanings of research, the core idea, the train of thoughts and the method of research.Chapter one, the model system of the interests-balancing mechanism: Administrative recuperation. In this chapter, we firstly make a summary of the basic problems of administrative recuperation, namely its connotation, nature, scope and criterion, and point that the substantial problem is whether we can deal with the relations between private interests and public interests well.Secondly, on the basis of introducing, comparing theories and doctrines about administrative recuperation inside and outside our country, such as the...