Research Into The Public Beneficial Characteristic Of The Administrative Power

The theory of the administrative power is a very important content in the science of the administrative law and the system of the administrative law, so scholars are care of how to define the concept of the administrative power and build the theory. But scholars'study on the characteristic of the administrative power is comparative weak, especially on the public beneficial characteristic of the administrative power. The public beneficial characteristic of the administrative concerns to the administrative subject ,the administrative behavior, the Idea that enforce the law, public interests, means that enforce the law, etc. So verifying the public beneficial characteristic of the administrative power is very important. Research into the public beneficial characteristic of the administrative power is helpful to the theory and practice: it can promote the overall development of the administrative law science and make the theory more rational in theory, and it can establish proper purpose that the administrative power is enforced.This article begins to analyse the genesis of the public beneficial characteristic of the administrative power, which demonstrates the characteristic of the administrative power, the emergence of the administrative power is logic starting point of the public beneficial characteristic of the administrative power, the legitimacy of the administrative power is latecomers requirement. The public beneficial characteristic of the administrative power has theory and practice foundation, in other words, the beneficial characteristic of the administrative power has such as serves the theory , it is regarded as the theoretical foundation that sovereignty belongs to the people, etc, there is a foundation on constitutions too, the administrative affairs require the executive power to have public welfare too. The public beneficial characteristic of the administrative power has relevant form and guarantee mechanism. The effect of the public beneficial characteristic of the administrative power reflects the social value and the law meaning. Because the administrative power has possibility of alienation, and the public beneficial characteristic of the administrative power determined the developing direction of the administrative law, which the innovation of supporting, means of the idea, establishment of the idea ,etc., are all the spiritual involution of the public beneficial characteristic of the administrative power. The public beneficial characteristic of the administrative power will offer the new theory to support to perfection of the administrative law science theory and practice development, offer the new observation visual angle to the development of the public law and private law.