The Establishment Of The Idea Of Equality In Administrative Law

The idea of law is the intrinsic spirit and character of law and it is the law's categories conformity of various definitions and the up-position concept,which attributed to the basic question of "how the law should".Paying attention to it is guiding the law's self-construction and consummation and realizing the true government-by-law. The equality idea of law is the most basic idea of law, has the extremely rich connotation. In administrative law, it refers to that the administrative main body and the relative person's status are equality in law, enjoy the right and duty which adapt to their status in administrative relationship, both sides mutual equality of treatment, abandon the unequal idea and mechanism and take the administrative main body more limits in the authority, and the relative person more powerful safeguard in the right to achieve the substantive equality and realize the great duty of controlling the government power and protecting relative person's rights and interests. Based on the needs of respecting human nature dignity and protecting the human right, the demands of manifesting the source of right and the implementation right standard, founding the constitutional government country and realizing the democracy,free ideal , implementing legally administration and enhancing the administrative potency to request, the contemporary administrative law must establish this basic idea. Also establishing the idea has the reality possibility .the equality and opening of modern market economy has provided the economic basis for its establishment, the multiplex characteristic and tendency of modern administration provides the rich political resources for it, the present situation of national power transforming to the society has provided the loose social environment, the appearance of non- (or weak) forces of administrative way provides the reality behavior pattern and the fusion trends of public and private law in the world has provided the wide-spread existing space for its establishment. The establishment of the idea will be the effective measure of the right countering the power system, and the guarantee of the maximized realization of administrative efficiency, the double-wins of public welfare with private interests, and reveal the humanities spirits of administrative law. Therefore we must correctly inquire the practical system,and consummate each system, such as the establishing fair legislation system, right procedure machine-made, perfect law enforcement system and consummative relief system, through which establish constructs the solid foundation of the system. On the other hand, we must established the good environments of government-by-law and change the past idea .the relative person should surmount "the attachment" tradition, establish the new equal consciousness and idea and participate in the administration activity positively .the administrative main body change the old tradition of domination, set up new government view and strengthen the consultation,dialogue and the cooperation with relative persons, thought which establish the wide-spread social supports.