Controlling - The Inner Spirit And The Eternal Theme Of Administrative Law

Administrative law is the product of democracy and the rule of law in the modern age. There is intrinsic relation between the origin of administrative law and the nature of administrative authority. Administrative authority is constituted for public objectives. However, the history of power implies that power has such attributes as expansion, encroachment and destruction, so does administrative authority especially. The fundamental of administrative law is to ensure and to uphold rights in the modern age. The justifications of the origin and being of administrative law lie in controlling and regulating administrative authority to guard against its expanding, encroaching and destroying, to ensure and to uphold the rights and interests of citizens and social organizations.The theoretical foundation of administrative jurisprudence and the basic principle of administrative law are the greatest questions in administrative jurisprudence studying as they determine the constitution of theory system and the orientation in study and affect the development and the quality of legislation direct. But there are many disputes over the questions of the theoretical foundation of administrative jurisprudence and the basic principle of administrative law. This article insists that the reason of the dispute focuses on the question of the nature of administrative law. That to cogitate and understand the nature of administrative law decides the hold what jurists have of the theoretical foundation and the establishment of the basic principle.In consideration of the value and significance which the theory foundation and the basic principle have to the study of administrative jurisprudence and the development of administrative law, and also the relation that the theory foundation and the basic principle result from the nature of administrative law, this article first probes the nature of administrative law, then discloses the relation among them to reveal the nature, finally confirms the nature by using the theory foundation and the basic principle indirectly.To start with this article cogitates the characters of administrative authority and looks back on the origin and development of administrative law, and secondly this article restates that administrative law is a department law to control administrative authority and to regulate the running of administrative authority through introducing and reviewing the administrative law of main countries. It thinks that authority, process and respondent are the core and substance of administrative law. The authority-process-respondent mechanism is the mechanism of regulation authority of modern administrative law.Secondly, this article give a definition of the theoretical foundation in administrative jurisprudence. This section differentiates between "theoretical foundation" and "fundmental theory"and between "fundmental theory" and "basic theory". The nature of administrative law decides that the theoretical foundation of administrative jurisprudence is to control and regulate administrative authority and the theory of regulation authority is the fundental theory of administrative jurisprudence. This article elucidates regulation authority theory completely. It is also the contribution of this article. Finally, This section has critized several influential viewpoints.The final section tries to establish the basic principle of administrative law, it analysises the meaning, feature and functions of the basic principle, and thinks that the basic principle shall be the spirit core of administrative law and the guiding principle of legislation, but not the administrative principle, political principle or the principle of the rule of law. Then this article comments the principles which other jurists advocate. Finally this article itsell proposals of the basic principle of administrative law.The conclusion states that regulation authority should be the intrinsic spirit and eternal theme in the cognisance to the nature of administrative law, in the study of basic principle and in t...