On Administrative Subject

The administrative subject theory is the component functioning as its foundation in the theory of science of administrative law. However, lack of profoundly theoretical basis, Chinese concept of administrative subject is just put forward to solve the issue of confirmation of defendants in administrative litigation to a great degree. Recently, though some scholars have been attempting to introduce a fresh system of administrative subject .Yet their criticism is not profound and comprehensive enough, so is creativity, or even less. For example, the creative concept of administrative subject system is lack of adaptability in China. By means of the comprehensive research method used in science of law, the thesis is to expound the development of the administrative subject theory from its introduction to gradual perfection via being questioned in the background of social change in modern China and in terms of interactions between theory and reality. Based on exploring necessity and reasonability of equalizing administrative powers, models of equalizing administrative subject are constructed. When explaining administrative subject's connotation, extension and functions, the writer rationally thinks the "balance theory" and believes that science of administrative law should develop from "balance" to "equilibrium". The thesis mainly discusses the following matters:The theme of the thesis is advanced by describing current research of Chinese administrative subject theory in introduction.The First Chapter: After a comprehensive analysis of three factors -socialbackground, idea transference, administrative litigation, which are introduced by the administrative subject theory, the concept of administrative subject is introduced intoChinese science of administrative law- an important progress. However it alsohas the shortcomings of having weak foundation.The Second Chapter: On the basis of analyzing the transformation process of models of administrative powers' being exercised from government centralization to social division, the writer systematically reflects on the traditional theory of administrative subject.The Third Chapter: using foreign countries' theory of administrative subject for reference, the writer systematically analyzes the transformation process of Chinese society in several aspects such as economics, politics and science of administration. Based on this, models of equalizing administrative powers are constructed in order to perfect Chinese theory of administrative subject.The Forth Chapter: On the basis of expounding connotation, extension and functions of administrative subject in models of equalizing, the writer puts forward his own understanding of "balance theory" in science of administrative law.