On The Principle Of Administration By Policies

Administration by policies under the guidance of the principle of legal has become an inevitable principle in the administrative activities. This principle affects the administration and the construction of government administration based on the rule of law deeply. But due to various reasons, Administration by policies often deviates from legal changes as "illegal", even invades civil rights. This paper adopts the theoretical analysis and case analysis methods, makes a thorough analysis and demonstration on the major problems that currently exist in the activities of administration by policies in China ,upon which a set of suggestions are put forward in order to solve these problems.This paper points out that, based on the existing system of supervision and restraint, the breadth and depth of supervision ways are different, at present, the main system consummation direction is the establish of relatively independent administrative reconsideration organ and the implement of judicial review principle. Specifically: First, expand the jurisdiction of the Court, including the administrative policies. Establish pre-review process for administrative policies. Second, establish a relatively independent administrative review body to make a comprehensive review on administrative policies and administrative actions upon these policies. Third, strengthen the supervision of the Court, focus on the legality of administrative policies and make a comprehensive review of administrative acts.