Comparative Research On The Rationale For Administrative Law

In this dissertation , I make a comprehensive and systematic study on the rationale for Administrative Law ,that is one of important basic problems of Administrative Law by using methods of analyzing and comparing , as well as researching the special historical and social background .On this base , I strive to evaluate the achievements and shortcomings of views about the rationale for Chinese Administrative Law objectively , and I argue that we should select "the power control theory" as the basic theories of administrative law in contemporary China.In the first chapter ,with the research on the major problems of "basic theories of Administrative Law", I first try to reveal how the concept of basic theories of Administrative Law was raised . what is its definition ,and what its understandings of the core problem and the essence of Administrative Law are . Then I explain the research methods about the rationale for Administrative Law in this paper .And ,1 research the special significance of basic theories about Administrative Law .In the second chapter , I expound the views of rationale for Administrative Law about the civil law system .French scholars raised all kinds of views ,for example ,"the public power theory", "the public service theory ", etc. German scholars researched the concept and basic principle of Administrative Law .These countries' Administrative Laws have a common theme or topic ,that is "power controlling".In the third chapter ,1 explain the views of rationale for Administrative Law about the common law system .It is very clear and apparent that the "power controlling " is the principal theory in England and America. The other views could not shake the foundation of "power control theory ".Chapter Four discusses the traditional views and new modern views of the rationale for Japanese Administrative Law .1 think that the debate and controversy will continue existing .In the fifth chapter ,1 make an evaluation and introspection about the achievements and shortcomings of "the balance theory" , "the regulation theory" ,"the service theory ", "Administrative civilization theory ","public power theory ","public benefit theory "and other theories. In my opinion ,the theories and practice of Chinese Administrative Law aredifferent with the western countries' .The western social and historical conditions as well as the constitutional principles and institutions lead the appearance of the power control theory ,which guide the construction and research of administrative law ,while the theories and practice of Chinese Administrative Law just set out on the legal road .In the last chapter ,1 argue that the essence of the administrative law is power controlling .Under the social background and current conditions or situations of china ,we should choose "power control theory" as the rationale for Chinese Administrative Law .Administrative power develops and expands in a shocking speed influencing and controlling all the respects of modern society to the further extend, and this power is easy to be abused ,so we shall try all the time to confine it into certain doctrines and frames establishing a series of relevant governing rules in the Administrative Law .This discussion spreads out in the following four aspects: (1) the real meaning of power control theory, (2) the necessary reasons of power control theory ; (3) the human basis and hypothesis of power control theory; (4) the methods of power control theory .In the author's opinion, in a word, our research should stand on Chinese conditions and situations ,stick to the theory of "controlling the administrative power "and seek the experience from good interaction between citizen and state, in order to welcome the daybreak of constitutionalism in China.