Analysis Of The Readjustment Of The Administrative Rights In The Process Of Economic Marketization

The existence of administration hinges on the existence of the administrative rights. The research on administrative rights is an important subject in Administrative Studies. The constraint on administrative rights is dependent on govermental functions and the definition on ideas, while the scientific readjustment of the administrative rights has a direct impact on the maturity and development of the overall socialist market economy. This thesis does not attempt to redifine the concept of the administrative rights. Instead, it investigates the correlations between the administrative rights and the market economy from the pespective of the links between authority and soci-economy, so that it can offer solutions to the administrative reform and practice. Judging by the relations between market and administration, the administration rights should be in conformity with market in a dynamic way.First, this thesis aims at probing the relations between the administrative rights and the market economy from the perspective of the administrative right evolution. With the development of the market economy, the modes and means of administraitve intervention have both changed. Nevertheless, the administrative rights do not retreat from the soci-economy. Actually, it helps the economic development in a more reasonable way. The market economy requires that the govenment functions as well as its mechanism should be in accordance with the attributes of the market economy.Second, this thesis, based on the current situation of China's social system transfromation, carries out an analysis of the administrative rights with empirical studies on key domestic cases.It points out that there exist the administrative rights'gap and existing problems in the practice of adminstrating according to law, namely, the problems of inappropriaty and inefficiency. The third part presents the theory of"the dynamic balance of the administrative intervention and economic marketization", which is based on the comparative studies on the various modes of govenmental functions. Moreover, this thesis puts forward three criteria evaluating the balance, i.e. the functioning, the scope and the legitimacy of the administrative rights.Finally, the thesis revisits the mechanism restraining the administrative rights of China from the angle of empirical research and on the basis of China's theory and practive of the administrative reform. Currently, the readjustment of the administrative rights is mainly confined to the control on the administrative rights. However, according to"the dynamic balance of the administrative intervention and economic marketization,"the best way is not to limit or reduce the administrative rights, but to ensure that they could adapt to the economic development consistently.