On The Transition Of Administrative System In The Changing Times

Administrative law system is a system that includes a series of laws and systems which refer to administrative relation, administrative action and administrative process. The transition of administrative law system is a process of changes of administrative law system. This essay makes the use of the theory of the transition of administrative law, concludes the characteristics of the transition of administrative law in the transition of China, expounds the reasons of the constitution of these characteristics, analyzes the faults of the transition of administrative law, and holds the purpose and resolutions of the reform based on the former analyses. The changes of systems and happenings of events reflect an obvious characteristic in the transition of administrative law system in contemporary China: negative model. The characteristics of the transition of administrative law in the transition of China are reflected in four aspects: model, reason, subjects and environment. The reasons of these characteristics include: the effect of the ideal of the old administrative culture which means the lack of necessary environments; path dependence of the old systems and laws which means the lack of necessary subjects and wills; lack of the advanced knowledge and technology which means the lack of necessary tools. There are four main faults of the model: the human rights are damaged and neglected; the model can't get a continuous and systematic solution to the issues; the model will result in new issues because it neglects system construction and the effect of law system; finally, it can add the cost of reform by constituting the bad recycle. So, the transition of administrative law system should arrive at the change from negative model to the positive model. In order to realize the purpose, the concrete methods include these five aspects: to strengthen the scientific ideal, form a new administrative culture named "set human self as the basis"; to set and consolidate the observing system to administrative laws and systems; to improve the suing system and match it with media observation; to strengthen constructing systems in order to improve the systematical aspect and continuous aspect of the systems; to compel the application of advanced knowledge and technology in the administrative actions and processes.