On The Problems And Legal Regulation Of Administrative Supply In China

The government function in modern countries has transformed. It not only undertakes the social order maintenance; more importantly, it must provide more welfare for citizens. This transformation in administrative is that order administration transforms into supply administration. The welfare states request that governments should fully play their roles, authorize the subjects of administrative supply but have to control the power so as to safeguard the rights of citizens.The first part of the thesis,which begins with the connotation If administrative supply and takes the study of scholars at home and abroad into consideration,points out the study of the connotation of administrative supply should be based on the social economical development in nowadays China.The thesis defines the connotation lf administrative supply from five aspects: the subjects of administrative supply, the objects of administrative supply, the aim of administrative supply, the of administrative supply and the objective of administrative supply. In order to make the extension of administrative supply more clear, this paper will compare supply administration, administrative reward and social security with administrative supply so as to distinguish administrative supply from similar concepts.The second part of the thesis,mainly from the angle of the social function of administrative supply, points out the two major function of administrative supply in modern society:one is to relieve the tendency of the rich and poor differentiation,reduce conflicts and maintain the social stability;the other is to cultivate the new labor force,create the new consumption demand and promote the economical development.The third part of the thesis mainly studies the problems which administrative supply faces. First, because of the flaw of the present domicile system design the object of supply can not fairly enjoy the corresponding welfare treatment and the duplication phenomenon is serious.Second, the related legal systems lack systematic characteristics and coordination, and each legal system has different regulations about supply procedure and fund. Third, because the objects administrative supply lack self-discipline consciousness as well as misfeasance of administrative subjects, this leads to waste and law efficiency of administrative supply funding in operation.Fourth, because of the unclear responsibility or overlapping authority in the activity of the present authorities supply, this hinders the successful development of administrative supply activities.The fourth part is the body, which proposes solutions according to the problems in the present administrative supply.Firstly, from the macroscopic angle, it points out three basic principles which should be grasped in activities of the related legislation, law enforcement and judicature of administrative supply:First, the principle of law reservation; second, the principle of proportion; third, the protection principle of trust and benefit.Secondly, the thesis, from the analysis of legislation lf administrative supply system, points out three relationships which should be dealt with in legislation of administrative supply system, namely the connection between high level legislation and low level legislation, the connection between new laws and old laws, and the unification between substantive laws and procedural laws.Finally, in the aspect of concrete solutions to legal regulation of administrative supply, this thesis mainly carries on the proof from three aspects:First, study the perfection of substantive law system. The substantive law system of administrative supply includes four aspects:subjects of administrative supply, objects of administrative supply, and standards of administrative supply and funding of administrative supply. In the aspect of subjects of administrative supply, this thesis thinks that non-governmental organizations have the unique superiority in providing administrative supply, and it is necessary to expand the scope which can be authorized and entrusted in administrative supply. As the major provider and organizer of administrative supply, the government should clear off the relationship between the responsibility and the authority. On the objects of administrative supply, at present, our country does not have the explicit definite method. This thesis thinks that it is appropriate to define the objects of administrative supply by adopting the qualitative method primarily and the quantitative method supplementary. On the standards of administrative supply, the national united standards of supply should be formulated.Meanwhile, the standards of administrative supply should implement the tendency management, and it should change with the development of national economy and people's living standard. On the funding of administrative supply, this paper points out the sources of fund should have stability and multiplication so as to secure its preservation and increment of value. Second, from the angle of procedure of administrative supply, these systems mainly include the information disclosure system, the challenge system, the time limit system, the supply procedure according to the authority, the agent system and the showing reason system.Third, the guarantee of the supervision mechanism and relief respect. The supervision mechanism and relief respect mainly includes internal supervision mechanism which mainly includes administrative review and governmental audit. Form the altruism of human nature and the effectiveness of administrative action, the thesis demonstrates the significance of administrative review and governmental audit in administrative supply. The external supervision mechanism and relief respect is mainly the judicial review. This paper mainly discusses the utilization problems of giving execution first, the mediation mechanism and the simple procedure in judicial activities of administrative supply, and points out the unique value of giving execution first, the mediation mechanism and the simple procedure in activities of administrative supply.The conclusion of this thesis summarizes the overall content and points out that the regulation to administrative supply, as a matter of fact, is the organic integration of the regulation beforehand,in the matter and afterwards.