On Reconstruction Of Legal System Of China’s Administrative Subject

China’s administrative subject theory is introduced from western countries, but there are substantial differences between them. These differences are not unique innovation of the administrative subject theory and system in China, practice has proved that these not only seriously hindered the further development of administrative law, but unable to guide the construction of administrative law system in China. It has been widely acknowledged that the reconstruction of administrative subject in China’s legal system is imperative; however, there are no unanimous conclusion can be drawn on choosing route. The reconstruction idea was proposed for some time, but the academic discussion is far from over, we might even say, it only just started. So the paper will comprehensively and thoroughly review China’s current administrative subject theory and comparative study on foreign. On China’s realistic foundation, the author puts forward concrete proposals to reconstruct the legal system of administrative subject, in order to help the administrative subject theory development and system construction in China.Besides preface and conclusion, the paper mainly consists of five chapters:the premise of administrative subject reconstruction, that is the current administrative subject theories and system, will be comprehensive analyzed at first; the chapter mainly expounds the formation process of the current administrative subject concept, intrinsic reasons, main content and fundamental flaws. The administrative subject theory and institution of typical western countries such as France, Germany, Japan, Britain and United State will be comparative studied in the second chapter; the author concludes four common features of these countries in this part, which have important significance for China in this point. Four essential foundations of China’s administrative subject reconstruction will be discussed in the third chapter, namely, practical needs, constitutional fundament, restriction of "rule of law" and legal person system, fiscal system and decentralized system as well as related systems. The main content of China’s administrative subject reconstruction will be discussed in the fourth chapter; it mainly includes the specific path of reconfiguration, the administrative subject’s conception, function pre-install, type establishment. In the last chapter, the writer undertakes an example analysis of marine administrative subject reconstruction under the restructure of the State Council as the breakthrough point, including China’s marine administrative subject’s history, current selection, outlook and revelation to China’s administrative subject reconstruction.