On The Mechanism Of Realization Of China's Administrative Law

Ruling by administrative law has been attracting more and more attention from many countries as a main part of the systematic project of constructing countries ruled by law. With the development of market economy, China is speeding up the performing of ruling by administrative law, which is quiet necessary. Ruling by administrative law should meet, promote and se-cure the economic development, because it is required by Marx' theory of the relation between economic basis and superstructure. Ruling by administrative law should be democratized and made scientific, because it represents and safeguarded people's democratic rights, in executing the administrative authority, its relation with various authorities and rights and interests should be properly arranged, because it is required by social justices. It is required by the international environment, that the mode of administration is changed and the administrative efficiency is increased so as to meet the demands of WTO.There are difficulties and obstacles in ruling China by administrative law due to historical reasons, objective system factors and subjective reasons of people's thinking. The excessive concentration of political economic authority, the lack in effective supervision of authority execution and the policalization in executing administrative authority are the sources of system that impeding the performing of ruling by administrative law. While the soft reification during the transformation from plumed economy to market economy and the weakness of people's consciousness of law are the mantel problem impeding the performing of ruling by administrative law.To carry out the ruling by administrative law is a long-term, hard and complicated social systematic project. In order to establish the basic principles of it, we should not only follow the administrative legitimacy principle and equitable judgment principle under the traditional pattern ofadministrative law, but also build and extend the administrative initiative principle and open administration principle, thus, the unification of positive function and relative function of ruling by law can be acquired. To overcome the difficulties impeding the performing of ruling by administrative law, administrative organization legislation and administrative procedure legislation as well as the legality basis of ruling by administrative law should be improved; the social safeguard system should be perfected, the supervision of the whole society over administrative offices should be increased, the supervising sys-tem should be bettered. The performing of ruling by administrative law should be based on the construction of systems. Meanwhile, to amplify people's consciousness of law and self-protection is also of extreme importance.