Modern Administrative Law "service Control" Research - Administrative Law Theory Based On New Exploration

The existence and development of Administrative Law are based on the structure of its theoretical basis, which is the starting point of the theory. Reviewing the history of Administrative Law, there are many rational and adaptable theories, such as "Power-control theory", "Management theory", "Balance theory", "Service theory", etc. The occurrences of these theories were due to different economic, political or cultural conditions in different countries. As our society is developing, the objectives and systems of Administrative Law have been changed that the exploration of theoretical bases becomes an important task. The writer will reveal the "Service-control theory" which bases on Contemporary Administrative Law through studying the formation and development of theoretical basis in many countries, commenting on various theories, seeking its basis and starting point in law-philosophic field, and viewing "Service" and "Control" as mainstay in systematic field.The first section concerns the methods of studying theoretical basis of Administrative Law, in which "comparative study" methodology and "benefit-measure study" methodology are presented. By way of comparative study, we are able to see through legal phenomenon to grasp the general connotation which is used to push our legal system to step forward Meanwhile, we can perfect our own theories through communicating and drawing on experiences of other countries. Through benefit-measure study, we are guided to weigh various benefits theoretically and practically in the study process. Therefore, Administrative Law can be optimised both in operating system and its effect.The following section reveals the origin of Administrative Law's occurrence by means of studying the nature of power and the interrelationship between "power" and "right". In this section, the theoretical basis is concluded as: right for natural person, separation of (the three) powers, and "rule by law" theory.The third section is about the general understanding of the theoretical basis of Administrative Law and its comments. By comparing the theoretical basis ofAdministrative Law in our country and that in some western countries, such as France, Britain, U.S.A., etc, and The Soviet Union, Japan, integrally and individually, can we reach our general understanding of various theories, which can be analyzed and evaluated to get some common connotations.The fourth section explains the structure of "Service-control theory", which is the theoretical basis of contemporary Administrative Law. The theory is studied in two fields: one is philosophic field in which the core of the theoretical basis is "responsibility departmentalism"; the other is systematic field which centers on two points-"service" and "control". "Service" is the objective while "control" is the operating system aims the realization of the objective.Finally, "Service-control theory" is of great significance. It adapts to the tendency of the world development, reflects the historical requirement as well as realistic requirement, and represents the direction of the theoretical basis of contemporary Administrative Law.