On Administration Power

This paper includes four chapters and it discusses preliminary Administration power from the point of constitutionalism.The first chapter discusses chiefly the relation between Administrative power and constitutionalism. Administrative power is one kind of national power. It comes from individuals' wishes to constitute one country morally and comes from transfer of individuals' rights practically. Therefore, if Administrative power encroaches violates citizens' rights, it will violate the purpose of constitutionalism guaranteeing citizens' rights. The proper application of administrative power can guarantee the implement of constitutionalism and its improper application can make the end of constitutionalism come to naught. Human rights, as the end constitutionalism guarantees, is the value foundation and end-result of Administrative power, the inner basis of Administrative power's origin, the bed-rock end of Administrative power's establishment and the guide of Administrative power's application. Democracy is the core of constitutionalism and the foundation of public opinion of Administrative power's legitimacy. The people's participation in and supervising Administrative power can guarantee its application. Rule of constitution is the prerequisite of constitutionalism and jurisprudence foundation of Administrative power. Nations and governments must perform their functions on the basis of constitutionalism and other laws, and this is the elementary requirement of rule of law. The damage of rule of law will make constitutionalism danger.The second chapter expound the content, characteristic, mode and function. In this chapter, the author try to define the content of Administrative power through the comparatively analyses of all kinds of theories of its content. In the same time, the paper comes to the conclusion that Administrative power has basic characteristics of compulsory executive statutory direct superior and expansion on the basis of comparatively analyses. According to the mode, Administrative power, this paper elaborate its existence mode .structure mode, operation mode and control mode on the basis of the practices of Administrative power of China and other countries in different times. In the end of this chapter, the author also discusses the political function, the economic function, the cultural function and the historical function of Administrative power.The third chapter is mainly about Administrative power's historic evolvement. Administrative power sprouts from the management right in primitive society. On the basis of this, we can divide the history of Administrative power as three phases: theAdministrative power in primitive society, the Administrative power in modern times and the Administrative power in the present age. Before the capitalism's appearance, there is no Administrative power in primitive society though Administrative power sprout from this era. The theory of division of national rights led to the practice of division of national rights after the success of capitalism's revolution. The separation of right of law-making, right of judicature and right of administration made the appearance and performing function of Administrative power inevitably. We can discuss the administrative power in modern times from three aspects and it had its special characteristic in this era. In the present age, most countries give priority to administrative law practically. Administrative power is performed by special departments in these countries, regardless of the actual situation of development of democracy and politics. It's different from the autocratic intervene in primitive society. It's also different from the unintervene of negative administration and the positive intervene of positive administration. It had its distinct characteristics in value definition, the main body of administrative power and the realization mode of administrative power. Of course, the expand of administrative power has intimate relation with the form of the welfare countries, but there are also lots of phenomen...