Study On Administration By Law Between China And Other Nations

The main goal of social development is to build a lawfully adminstratvie government for the people. Administration by law is the major part of ruling by law, that is, the government must execute and administrate public affairs by law. It is also the inner need of the socialist market economy. It is the requirement of joining WTO as well as a guarantee for a harmonious society. Thesis starts from the origin and development of the administration by both in China and in western countries. It illustrates the the basic thoughts and the connotation of administration by law. The administration should follow 4 principles: lawful power, lawful priority and reserve, proper prcesure and open administration. Administration by law is the universal principle of the modern countries. The thesis compares the administration features among Britain, America and France, points out the their tendencies and provides the inspiration for us: government should weaken the executive administration and strengthen the executive service; practise the lawful and open administration; establish the uncorrupted, studious, practical and efficient work staff; strengthen lawful censor on the expansion of administrative discretion; establish and perfect the aid system as the guarantee of administration by law. At present the conditions of China's administration by law is away from rule by law. There are some problems. The thesis expounds on the restraints in the fields of ideas, executive lawmaking, law execution and executive supervision. It also analizes the reason of the problems. The thesis provides solutions to the problems. First, the precondition of administration by law is to change the ideas, thus, all the people will establish the ideas through education on law. Second, the foundation of administration by law is to perfect the executive lawmaking. Third, the key of administration by law is to practice it strictly. Fourth, the supervision of administrative power relies on a perfect system, emphasizes the supervision of the National People's Congress, strengthens the outside supervision, establishes a executive supervision system to gurantee the administration by law. In a word, the realization of administration by law needs a long time to change the ideas, reform and establish. Finally China's administration by law can come into reality.