On Social Administrative Body

Although there are different titles with Social Administrative Body in the west, it derives from a long history and its public law nature had been admitted for a long time. But in China, Social Administrative Body was the outcome of the transition of governmental function and the socialization of administrative power in recent years. Its subject position in public law is being revealed by the force of cases. It turns into one of the important missions of administrative law bound of how to fix its legal position in reason theoretically in order to instruct the reality, to promote our legislation and to avoid the vacuum of justice.This article aims to analyze the notion, function and theoretical background of Social Administrative Body by modes of vocabulary analysis, history fountain, compare analysis and demonstration analysis, and to discuss its subject status in administrative law and the methods of supervising. There are seven parts in this article, now states briefly as follows:The first chapter discusses separately with the notion, characters and sorts of Social Administrative Body in the way of vocabulary analysis. It defines Social Administrative Body as non-profit organizations which are engaged legally in certain public affairs and it can perform the right and obligation in administrative law, in order to attain some intention of administrative management. Its features are non-government, non-profit, public, commonweal and autonomy. There are three kinds of Chinese Social Administrative Body which are caste, non-government and non-corporation unit and (national) enterprise unit.The second chapter discusses the constitutional theory basis of Social Administrative Body, that is, the new development of Civil Society Theory brings the tendency of democracy with the relationship of citizen and state; and the view of pluralism and socialization of power with Pluralism Theory is the legal basis of development of Social Administrative Body; Social Contractarian in Contract Spirit offers the theory basis of the power origin of Social Administrative Body.The third chapter discusses the administrative law theory basis of Social Administrative Body. It clarifies the influence to public administration by the wane of traditional Bureaucrat Administrative Theory and rise of New Public Management Theory and Governance Theory. The New Public Management Theory calls for the diversification of management method and pluralism of subject. It offers the theoretical basis of Social...