The Research On The Power Control By Administrative Procedure

The characteristics of administrative power itself determine possible abuse of it. In order to secure the just and proper operation of administrative power, an effective restriction should be applied on it, since uncontrolled administrative power, which is resulted from ineffective restriction on it, will cause great harm to the legal rights and interests of civics and social organizations. Traditional power control mode, which pays more attention to the results of administrative behavior, emphasizes that restricting the scope of administrative power can control the administrative power. With the appearance of administrative nation, the traditional power control mode have not been fit for the need of managing modern social affairs any longer. The administrative procedure power control mode, which pays more attention to the procedure of administrative power, emphasizes that proper design and operation of administrative procedure can realize normative operation of administrative power. Compared with the traditional power control mode, the administrative procedure power control mode is an effective mode to normalize the operation of administrative power, since it can compensate the shortages of traditional power control mode.In order to build a socialist country under the rule of law and boost the development of market economy, the power control by administrative procedure must be strengthened in our country. Since the founding of People's Republic of China in 1949, we have made achievements in the power control by administrative procedure to certain degree. However, it is still a relatively weak field in our nation due to the influence of traditional economy, political system and old concepts. It has many problems either from the angle of ideas and theories or from the angle of regulations and practice. These problems are mainly manifested by the lack of concept of the power control by administrative procedure, delayed administrative procedure law-making, imperfect construction of administrative procedure, weak supervising power of administrative procedure. They badly affect the exertion of the power control by administrative procedure function, therefore, we must strengthen and consummate our power control by administrative procedure, that is, we must build up the concept of the power control by administrative procedure , boost administrative procedure law-making, improve administrative procedure regulations and perfect the supervision of administrative procedure. As viewed from the development of the power control by administrative procedure, the related conceptions of the power control by administrative procedure was expounded, the actualities of the power control by administrative procedure was analyzed, and the measures for consummating and enhancing the power control of administrative procedure of China was put forward in this paper with the related theories of domestic and foreign the power control by administrative procedure in order to get the contents of the power control by administrative procedure more operable and to provide the suggestion for consummating the power control by administrative procedure.