The "Sector Interest Orientation" (SIO) In The Administrative Legislation-With The Perspective Of The Balance Theory

The"Sector Interest Orientation"(SIO)during the administrative legislation means that certain administrative departments use its available resources of national legislation, during the drafting of draft laws and administrative regulations, put too much emphasis on its own sector power and interests, with the intention to preserve, consolidate and expand its various vested functions and powers by way of legislation, and meanwhile to minimize or weaken as much as possible its responsibilities and obligations. To sum up in a word, Legislation is kidnapped by certain sectors, and the sectors are strongly interest-oriented, then sectional interests are legitimized wrongly. The Sector Interest Orientation during the administrative legislation hampers the uniformity of the national legal system, hinders the development of socialist market economy, impairs the legislation and administration efficiency and first and foremost, infringes upon the legal rights and interests of citizens, corporate and other organizations, and, breeds corruptions. Therefore, how to eliminate efficiently the Sector Interest Orientation during the administrative legislation has become a hot question concerned by the general public, and an imperious research subject for the legislators as well. In order to solve this problem, we must firstly make clear the jurisprudential orientation of the administrative legislation, with which as a guide to analyze and study the forms and causes of SIO.This thesis, viewing from the perspective of the Balance Theory, reviews the existing imbalance in the administrative legislation system and its root causes, and explores relevant methods and measures to contain SIO efficiently from the perspective of the Balance Theory, aiming to be beneficial to improve the quality of the administrative legislation in our country.This thesis goes into three parts: Part one analyzes and compares the theoretical foundation of "the Regulation Theory", "the Power Control Theory" and " the Balance Theory " to seek the jurisprudential orientation of the administrative legislation with the Chinese background, which sets my stand of point;Part two goes to the harms of the SIO in the administrative legislation from the perspective of the Balance Theory, and analyzes the deep-rooted causes of the SIO and its essence;Part three mainly explores certain feasible methods and measures to contain SIO efficiently from the administrative legislation.