On The Administrative Rule Of Law Under The Public Finance

This article obtains from public financial and the administrative government by law connection, through to the public financial system under the administrative government by law vicissitude condition real diagnosis analysis and the administrative government by law development tendency forecast, proposed under the public financial system the administrative government by law construction concrete mentality. The full text divides four parts, separately has carried on the elaboration to the above question.This article thought public financial and administrative government by law existence certain connection, thought the public finance is the limited government and the administrative government by law conformity mechanism. Its relatedness performance is: The limited government and the administrative government by law dependence public finance, the limited government and the administrative government by law is restrained the public finance. In the modern country life, the public finance is the national material base, the country lasts relies on the public finance, the public finance is the state power activity economical premise. But speaking of any national leader of laws, its authority activity implementation all inevitably consumes certain financial resources, financial resources scarce forever is restricts its authority activity a realistic factor, therefore, under the public financial system government must be the limited government. But the limited government and the government by law are each other interdependence two aspects, under the government by law administration pursue the limited administration inevitably, but the limited administration also is the basic safeguard which the government by law can realize. The limited government and the administrative government by law is restrained public financial resources scarce, financial resources scarce throughout is inevitably restricts the government infinite authority the natural barrier, in order to seek the country"to govern friendly", the constitution construction in the establishment authority and the right boundary, the design and when the adjustment country political power organization form and the state structure form, all can not but the financial factor consideration. Administrative government by law construction dependence public finance, also is restrained the public finance. In the article first part, this article from the administrative process and the link angle, summarizes the administrative government by law integrant part for the administrative main body government by law, the administrative action government by law, the administrative procedure government by law, the administrative oversight government by law, the administrative responsibility government by law and the administrative relief government by law. They constitute a complete administrative government by law system, the incident cross-correlation, promotes mutually, indispensable. Among them, the administrative main body government by law is the administrative government by law foundation, the administrative action government by law and the administrative procedure government by law is the administrative government by law core and the key, the administrative oversight government by law, the administrative responsibility government by law and the administrative relief government by law is the safeguard. Thought the administrative government by law the integrant part all is restrained the public financeThis article utilized the real diagnosis material to analyze under the public financial system the administrative government by law present situation and the administrative government by law integrant part vicissitude condition.Administrative government by law integrant part vicissitude source in public financial suggestion public administration vicissitude. In the public finance system, the state's tax revenue as the main source, belongs to all the people all having public; the major financial expenditure for the implementation of the function of public finance, the provision of public goods. In the tax system under the conditions of China's financial revenue and expenditure of local governments large deficit, primary function of public finance can hardly be fulfilled. In order to reduce public expenditure, the public administration reform, and the administrative structure set up administrative contradictions with the rule of law, Chief financial powers and the allocation of payments and administrative contradictions and the rights of citizens to protect real contradictions and administrative services, Chief alarming situation of the rule of law. Meanwhile, China has established public finances, a change in public administration, administrative part of the public administration. However, the public administration does not mean that the State administration. Apart from the State Administration of Public Administration, also includes other non-state public administrative organizations, such as public associations (Lawyers Association, Doctors Association) administrative and public enterprises (state-owned enterprises, public schools Institute), the Executive, public administration society. Among them, non-governmental organizations, to undertake a lot to the community to provide public goods mixed functions. Administrative law Structure of the main administrative body's scope of the changes. Other hand, the public finance perspective, the Chief Executive of the main acts both administrative burden, have granted benefits administration; both mandatory administrative acts are also non-mandatory administrative behavior. Administrative law Structure administrative acts scope of the changes.As such, this paper believes that the public finance system, the development of administrative law is the trend : Authorize the rule of law and the right to control the unified rule of law; administrative burden of the rule of law and administrative benefits granted the unified rule of law; social autonomy and the administrative law reunification. The rule of law is the right to control the power of nature by the decision and with the use of power, the right to the use of power, to social constraints power is the power to control the three ways. Controller is necessary, but not limited to the right to control, maintain power is necessary. The state should exist, the government will need to operate the material foundation, and need financial powers and administrative powers As in 1959 in Delhi, India held the ICJ session on the rule of law through the "Delhi Declaration" that by : principles of the rule of law not only to stop abuse of administrative powers to provide legal protection and enable the government to effectively maintain law and order, to ensure that people have adequate social and economic living conditions. Granting benefits administrative burden of administrative acts and executive acts on the legal effect of citizens (favorable and unfavorable) division superscript potential results. In the traditional administrative theory, administrative burden must follow the law to retain principles Granting benefits and administrative act is not made clear. Germany administrative law scholar Ernst. Fushitefu in its 1938 publication of "pay as the main administration" has created a "survival of care" and "paid administrative theory." He believed the executive pay and the government is intervening in the administration of the important functions of government payments and services is a citizen's legal rights. Therefore, the payment Chief Administrative Law should be an important component. Paid administrative practice in China were also on the development trend. In particular, the constitutional amendment is the addition of "the state respects and safeguards human rights". "The state shall establish and improve with the level of economic development of a social security system" and other important elements, My payments made in the development of the Chief of the constitution to further support and promote. In the public finance system, the executive must pay by law to retain the disclaimer, Granting benefits administrative behavior by law must be clearly defined. The reasons are : first, the state's money comes from taxpayers; Second, since the government is allocating resources to the interests of acts of aggression in nature, As part of the payment means that the other part of the payment or less payment, Since the payment of administrative existence of the payments do not pay or can not be paid, and they have legitimate payment to the payment of debt - but return possible, in order to safeguard the general administrative relative of the legitimate rights and interests, pay any administrative actions by law must retain control of principle; Third, from the nature of modern administrative -- administrative services perspective, executive pay must be made according to law.As modern administrative decentralization, the role of the modern public decentralization, autonomy and the rule of law only with one another. can be achieved freedom under the rule of law, to promote social autonomy administrative law, administrative law to protect social autonomy. Based on public finance administrative law vision of the status and trends of change, Finally, the writer of the public finance system under the administration of the rule of law development path for the analysis : the main executive, administrative, administrative procedures, administrative supervision and administrative relief of specific rule of law structure. Construction specific measures include : the establishment of the central and local administration reasonable decentralized organization legal system, improve the NGO legal system, improve public finances and the burden of administrative actions sound legal system, with the public finances in the interests of the delegate administrative legal system, improve the administrative system of public participation, improving public financial supervision legal system, improve the administrative relief scope and form of administrative relief...