Russian Administrative Law Mode Conversion

Replaced by Russia to practice capitalist system,socialist country Soviet Union was disappeared on the earthed in 1991. The change of social character had made the political and economic system of the former Soviet Union changed hugely,being from passing by the political mode of high centralization and the economic mode of complete nationalization,to gradually change a western democracy mode and market economy mode of the Russia special features. Accompany with conversions of the political and economic system,the constructing mode of Russian administrative legal system has also been changed greatly. The logic jumping-off point of the huge change was:In 1993,the Russian constitution carried out an fire-new term- "enforcement power",replacing the concept-"state administration" which the Soviets had always been using with more than 70 years. The writer thinks,the appearance and using of the new concept-"enforcement power" is a divide of Russian administrative law mode conversion. It means Russian administrative law has discarded the mode of the Soviets administrative law's "administration theory",its center turning to restrict the nation administrative power,protect the citizen's rights.The constructing of the Russian administrative law is based on enforcement power. "The activity and the function of making enforcement power standard,is the directional contents of administrativelaw's development." But,the Russian administrative law is still difficult with what concrete mode will be chosen from the contents of basic direction that development of the Russian administrative law. Russian administrative law chooses the value aim of protecting the citizen's rights and restricting the enforcement power,and claims to control the procedure and the result of administrative acts by substantive rule and procedural rule. These standpoint are accordant with control of administration theory,showed the tendency of its tradition theory. But from citizen's participate-in power,modern means and non-coercive form method,Russian administration law is being tendency of establishing incentive mechanism outside check and control mechanism. This is repulsive from "control of administration theory",but compatible with "balancing doctrine".Despite we difficultly anticipate the Russian administration method will choose what kind of mode,theory and practice of Russian administrative law have already proved it is clear and indubitable to development to modern government by law.