The Analysis Of Purpose Of Administrative Act

This paper discusses the relevant theory about the adequacy of administrative act, which covers three sections: the definition of administrative purposes, the theoretical basis of the adequacy of administrative act, and the construction of the system of the adequacy of administrative act.The first Chapter is about the concepts of the administrative purposes. The administrative purposes mean the benefit or gain achieved through administrative acts. From the perspective of the adequacy of administrative actions, it can be divided into proper and improper purpose. From the abstract point of view, the proper purpose shall be to pursue the public interest; from the specific point of view, the appropriate purpose is manifested by the legislative purpose.The second Chapter is about the theoretical basis of the administration according to the proper purpose. This part discusses the administration according to the proper purpose act from the two basic theories of the administrative law: the principle of proportionality and the principle of priority of law. If you assimilate the two basic elements of the principle of proportionality——the purpose and means with the two ends of a scale, you will find that whether it is the principle of appropriateness or the principle of necessity or the principle of proportionality in the narrow sense, without exception, places the administrative purposes on one of the ends of scale to keep balance. Under the principle of the priority of law, administration according to the proper purpose is the inherent meaning of administration by law. These two principles constitute the theoretical basis of the administration according to the proper purpose.The third Chapter is about the construction of the system of the adequacy of administrative act. The purpose of the analysis of relevant concepts is to build the theoretical basis of the specific system. Only if the theory is transformed into the concrete system, can it have the value. This chapter discusses the construction of the system of the adequacy of administrative act from three aspects. In the first aspect, through the summary of a typical judicial precedent of Australia, I believe that the four steps summed up from the adequacy review process of administrative acts of the Australian courts can be used for reference for our country. In the second aspect, mainly from the methodological point of view, we can simply sketch an adequacy review process of administrative acts in vertical dimension, that is, to identify the legislative purpose——the identification of the purpose of administrative acts——comparing the legislative purpose and the purpose of administrative acts. In the third aspect, in the virtue of the classification of the abstract administrative act and the concrete administrative act, we can analyze the necessity and feasibility of building the adequacy review system from the horizontal dimension, In detail, we can divide the system into two parts: the first part is the adequacy review of the abstract administrative acts, including the adequacy review of administrative regulations by the NPC Standing Committee; the adequacy review of the local regulations by the Local people's congress Standing Committee; the adequacy review of department regulations and local regulations by the State Council; the adequacy review of the great Municipal Government regulations by the provincial government. The second part is about the adequacy review of the concrete administrative act, including the review by the court and the review by the administrative body for reconsideration.