What's Law Should The Administration Follow

This paper is mainly to solve two problems: Firstly, the source of the legitimacy of the administrative Legislation, and the second is how to fulfill it. The article presents the issue with the following question:" the great challenge which the 'administrate legally' has been confronted with in the"administrative state". The administrative legislations, instead of the law, substantively determine the specific social relations and the distribution of interests, but they are not enacted by people and agreed by people. So their enforcement has brought protests and split the society. Therefore, the administration is in serious default of legitimacy, and in a large alienation to "the rule of law". Therefore, "what's law the administration should follow" is the key point of "the rule of law" in China.After the definition of the problem the paper converts to the solution of the issue. Firstly, we define that in the democratic era the legitimacy of the rule only comes from the grant of people. Comparing legal with administrative legislation, we find that the legitimacy of the law comes mainly from the process of democracy, in the embodiment of"the majority decision under the protection of the constitutional rights". There are only two ways that the procedure can accomplish the legitimacy of the law: vote to decide and such ways as choosing by lots which confers to natural factors. But the characteristics of the administrative legislations and the social function of them which the citizens look forward to make it impossible that the procedure legitimates the administrative legislations. Therefore, the only source of the legitimacy of the Legislative legislation is rooted in the citizens'recognition to reasonableness of the results that the government's regulation brings about. Considering the reality of the administrative legislation, we define the "results rationalization" to be the criterion of the legitimacy, and the characteristics of which include: it must be formed in the process of discussing and it is passive. Then the paper focuses on the meaning of "results rationalize" and the means to realize it. Based on the philosophical foundation: "the truth process", we demonstrate the meaning of the "results rationalize": a collective recognition to the reasonableness of public choice in the process of endeavoring to explore existing cognitive resources. Then the paper discusses the steps to reach the recognition of the reasonableness according to the process of recognizing the truth. And meantime, we briefly distinguish the analytical framework between the "results rationalize" and "Deliberative Democracy". Finally, the paper describes the institutional framework on the basis of the process.