Controlling - Balanced - Ensure The Right To The Theoretical Discussion, And Its Administrative And Legal System Construction

The theoretical basis of administrative laws questionaffects the development of the administrative law theory andevery aspect of the future enforcement of administrative law.Many theories such as Administration Theory, Power ControlTheory and Balance Theory etc, but because all of them havetheir own shortcoming, the attempts to reconcile these have sofar been unsuccessful. In this article, taking as the basis thepast theories, and taking into account the present situation ofthe administrative law, the author puts forward new theoreticalpropositions, and new legal structure. The article consists ofthree parts:Party 1, Discussion to the present theories:The author analyzes the Administration theory, andconcludes that it can抰 be taken as theoretical basis ofadministrative law. Further, the author analyzes the powercontrol theory, arid points out the one-sideness of the theory.Then, the author discusses at length the balance theory, andshows why the balance theory can抰 be used as theadministrative law抯 basis to build the administrative law抯theoretical system. Finally, the author indicated that the othertheories out of these can be concluded in the three theories, theexisting theory can抰 be used the administrative law抯theoretical basis.Part 2, The proposing and verifying of the Power controltheory桞alance theory梡ower protect theory. The authorsaid the power control theory is the primary essence ofadministrative law, the balance theory should be the goal of thea worthy administrative law抯 theory, the power protect theoryis the theoretical aim of the administrative law. Summarizing,the administrative law basis can be concluded as: Thetheoretical fundamental key is the power control theory, thebasic purpose is the balance, the theoretical destination ispower security, that is: Power controlling Balance ?Powersecurity. The author has made a step by step analysis of thethree elements, and indicated that there is a progressive relationwithin the administratiVe law抯 theoretical basis. After that, theauthor expounded and proved the existence worth of powercontrol ?balance梡ower protect, the author agrees that: Theadministrative law is little effected by time and space, thismakes the author give a whole time and space explanation, theproposing of that theory can meet the objective needs ofChina抯 administrative law抯 present situation, its existence isnecessitted by facts.Part 3, Structuring of the main administrative law system.In this chapter, the author shows that the administrative lawsystems forming the basis of different law systems have theirdiffering structures and operating logic, the administrative lawsystem with the theoretical basis of power control ?balance ?power protecting will also be constructed according to theprinciples of this theory. Then, the author explained thenecessity of benefits balance system in the setting up of theadministrative laws, and its design benefits the adoption ofbalance style administrative law system. Then, the author saysthe procedure control of the judgment will be more effectivefor the entity control of judgment, and explained the maincontents of the modem administrative legal procedure system.Later, the author analyzes the necessity and limitation of thejudicial examination, indicates that, for on the protection ofrelative human rights, our country should draw lessons fromAmerican and British judicial examination system, broaden thearea of judicial examination, to establish a protection systemfor the rights of citizens.