Talk On The Multiplication Of Administrative Subject

Because the transition of the theory of administrative law graduallyfrom the tradition "the public authority" to "the public service", inaddition to the theory of the separation of powers which is initiated byadministrative law, various countries start to review that their theories ofadministration subject are scientific. In our country, the people's courtsalso have already expanded the subject of administrative law to the publicadministrative scope of social public group in judicial practice recent years.However, our country present administrative law defines theadministrative subject not very clearly. Furthermore, with the tendency ofadministrative subject's multiplication gradually strengthening,constructing administrative subject system which suits our country'stradition, abandoning the present condition that only administrativeagencies and the organizations which laws and regulations authorize areadministrative subjects, constructing administrative subject'smultiplication, are the essences of this papers.There are four sections in this article. First, I analyze theoretically themultiplication that administrative subject reflects in modern administrativelaw, according to the administrative law practice of the main nations in theworld. Second, I make the background analysis to the multiplication ofadministrative subject in modern various countries and point out why itcan exit. Third, I analyze the present research situation on the theory of administrative subject in our country, point out the flaw of administrativesubject theory in our country's administrative law at present, and point outit is feasible that we construct multiple administrative subject. Finally, Ipropose how to construct multiple administrative subject system in ourcountry about social medium organization and public interests legalperson.Section one, the analysis of multiple administrative subject. First, I discussthe connotation of the multiple administrative subject, namely theevolution of administrative subject type from traditional primitive toprimitive and growing, and development tendency from single to multiple.Second, I explain historical evolution question from two angles, one is thevicissitude of administrative action, the other is the conflict of thevicissitude of administrative action and the define of administrativesubject connotation, and point out the relationship of the vicissitude ofadministrative subject system and the transformation of administrativeaction pattern. Therefore, if want to research the historical evolutionquestion of multiple administrative subject, we must begin with thevicissitude of administrative action pattern. Third, take example of fourmain countries in the world, French, German, English, and U.S., analyzedevelopment tendency of administrative subject type in various countries,point out that the traditional idea about administrative subject is changingin Civil Law Legal Family and Common Law Legal Family, no longertaking the standard that whether has public legal person status whendefining administrative subject, and put administrative subject into a openand multiple style. Section two, background analysis of multiple administrative subjectin modern countries. Analyze how to construct multiple administrativesubject system in modern countries from three angles, one is thedevelopment and application of the separation of administrative powerstheory, the second is the dispersion and socialization of public function aswell as the application of "the new public management theory" in thescope of the world. First, the modern theory of separate powers takes therule by law as a premise, furthermore, the development of administrativelaw also inevitably must promote the further deepening of the separatepowers theory. The democratization of modern administration request thatwe should fully use all kinds of social subject resources, promote thedemocratic administration, namely the administration of separate powers.This article believes that the administration of separate powers is one oftheoretical basis multiple administrative subject. Second, after 20th century,specially the Second World War, the administrative action pattern haschanged seriously, and promoted the dispersion and socialization ofadministrative action. From this, it has facilitated the multiplicity,changeability, and not determinacy of administrative subject. Thus, thevicissitude of administrative action pattern has directly catalyzed themultiplication of administrative subject. Third, at the end of 20th century,the various countries raised the tide of government reformation. Thevarious countries used the theory, method and technology of commercialmanagement, introduced the market competition mechanism, enhanced thehorizon of public management and the quality of public service, thenreconstructed government image, and redefined the nature of executive powers and its operation. We call it "the new public management" pattern.Although the new public management theory mainly aims at government'spublic management action, its actual effect is the dispersion, cooperationand marketability of administrative action. The various countries haveformed the multiple and competitive administrative subject pattern at thisbasis. Therefore, this article believes that the development and applicationof the new public management theory have catalyzed the formation ofmultiple pattern of administrative subject, and they are one of the mostimportant theoretical backgrounds which construct multiple administrativesubject system.Section three, the present research situation of administrative subjecttheory in our country. First, this article defines the connotation ofadministrative subject as "the administrative authority" which is a core,administrative regulation which is a method, and the defendant ofadministrative procedure which is the most important role. It dividesadministrative subject of our country into authoritative and authorized.Second, analyzes the flaw in researching administrative subject theory,and believes that administrative subject pattern theory in our country isdisadvantage, regardless of the development of the entire administrativejurisprudence, or solving directly the determinacy of defendant inadministrative procedure in judicial practice. The main reason is that in theentire research on administrative subject type, it does not consider thesocial economic and political basis of modern administrative subjecttheory, the transformation of administrative action pattern, and the changeabout the basic theory of administrative powers. It is disadvantageous to the stability of administrative law value. Therefore, the theory ofadministrative subject type urgently needs to reconstruct. Third, talk onthe feasibility of constructing multiple administrative subject in ourcountry. This article discusses the economic and political basis of multipleadministrative subject from two angles, one is economic system reform,the other is political system reform. And point out our country has met therequirements at present. At the same time point out the system of multipleadministrative subject adapts our national conditions, and it can serve forthe native place.Section four, constructing the multiple administrative subject systemof our country. This article proposes the pattern of constructing themultiple administrative subject system of our country from additionallybuilding two main subjects for public service, social medium organizationand public interests legal person, as the administrative subjects.In brief, from all the world, the administrative authority ofgovernment is more and more developing toward multi-centers' anddisperse direction. The tendency of multiple administrative subject isirreversible. Under this major premise, this article propose that with thedevelopment of administrative reform, and the ideal transformation aboutadministrative subject, our country should fully consider that whileenlarging government's reform, and transforming the function ofgovernment, at the same time, at the basis of the present administrativeagencies and authorized administrative subjects, build additionally socialmedium organization and public interests legal person as administrativesubjects. We should make social medium organization and public interests legal person having right capacity that administrative subject should have,so they can effectively exercise administrative authority and protect thelegal interests of administrative related party.