Research On Legal Regulation Of Special Power Relation

In this paper, starting from the basic theory of special power relationship, expounds the features and the theory, types, the special power relation and the related concept of comparative and clarified, analyzed the domestic and foreign treatment of special power relation in two different modes, the special power relation theory plight and reason existing in our country’s practice in the the analysis, finally puts forward the background, principles and specific path of legal regulation of the actual existence of our field of the special power relation. The article is divided into four parts.The first part is the theory basis of the special power relation. Introduces the concept, the theory of special power relationship characteristics, types, the special power relationship and relationship with the general power and internal administrative relationship between two related concepts are compared. The theory of special power relationship of the debate in academic circles of our country, puts forward to draw lessons from the theory significance.The second part is the comparative study on the mode of treatment at home and abroad of special power relationship. Divided into the use of the theory of special power relationship of Germany, Japan and China’s Taiwan region, and not by the theory of special power relationship in France, Britain, the United States of America, analyzes two kinds of processing special power relation model.The third part of the theory of special power relation in the predicament and the reason of our analysis. Analysis of the theory of special power relationship in the practice of our country’s legal system exist in the imperfect laws and regulations, the guarantee of fundamental rights is not enough, relief way relatively closed, lack of operational procedures and other difficulties, analyze the cause of these difficulties, the traditional feudal autocracy, the continuation of long-term implementation of planned economy, Germany and Japan reflects the theory of special power relationship the effect of three reasons.The fourth part is the reflections on how to regulate the theory of special power relationship. First elaborated the concept of human rights, the popularity of administration according to law practice, the theory of special power relation updates the three regulation of special power relationship of the background, put forward in the regulation of special power relationship needs to insist on the protection of human rights, restriction of privileges, due process, finally put forward from improve relevant laws and regulations, strengthen the protection of basic human rights, expand the scope of administrative remedy, procedure established system to regulate the relations of special power, specific paths and measures.