The Treatment Of Abstract Administration Act

The article started with the concept of abstract administration act, consist with the result which is derived from the purpose of the concept, as well we the "cloth" phenomenon that occurred during the application of the abstract administration action covered by cushion from the specific administration act in order to avoid the censor. So this article begin with the real example from the society, discovery the content though the idea; after analysis the substance of the abstract administration act, the article pointed out that the essential of abstract administration act is the government reallocate the society resource though the administration act. With this conclusion, the article table a proposal that the administration act should be sorted by the criteria that mainly base on the time with the assistant of subject boundary, instead of the criteria that base on the majority people.Based on the new criteria, the article take the separation of powers and check and balance as the main principle to solve the problem which is represent as invalidation and collision. The reason to take the separation of powers and check and balance as the main principle is that it's the best way to balance the power with the optimal result. After analysis with the separation of powers and check and balance in the administration act, the article asserts that the separation of powers should not only be in the decision, execution, and superintendence, but should also in the process and the objective; and the check and balance is more important to point the benefit for every party. In the end, the article argues that the separation of powers and check and balance are the best way for democracy.After that, the article points out many methods to rule of abstract administration act include the superintendence from the inside and the people's congress, judicial review with the result and influence in China.For the judicial review part, the article first analysis the base of it to point out that independence of judiciary (include system independence and judge independence) and justice trust are the main base though the analysis of the current situation of justice review; and then point out that the solution that to build multi-province count. Regarding to the inside superintendence, the article suggest to set inside intendant to run inside supervise system. For the people's congress part, the article suggests that to use both put on records and checkup to enhance the superintendence.In the end, the article analysis the abstract administration act though economic analysis of law to illustrate the result that derived from economic view. The economic analysis of law in this article started with the use of the traditional economic analysis of law, which is mainly focused on the microscope analysis with the needs and requires, and addition with the economic analysis based on the Marx economic theory.Regarding on the specific issue of the rule of abstract administration act, the article uses the long tail theory to analysis. The theory is based on the needs and requires; after the confirmation of the definition of niche theory and filter, the article brings up a new theory-the long tail in the constitution. To demonstrate this theory, the article point out the constitutional filter and the constitution balance base on the economic, and take it the main principle of the rule of constitution. With this, the article addresses the right of people's justice recommendation as a new type of superintendence though the internet.In the end, the article addresses the rule of abstract administration act that is conclude with inside superintendence, the record in the people's congress and right of people's justice recommendation to achieve the goal of the rule of law.