The Socialization Of The Public Administration And Administrative Law Applicable To The Expansion Of Space

In modern society, public institutions of higher education and social organizations have been charged frequently in a court With more senses on right demand and also with more cognition to the modern administrative law by present scholars, it is clear that public administration will be socialized. At the same time, we pose a new task for expanding administrative law's space. In this process, we must re-evaluate the conception of public administration, grasp its real meaning and distinguish clearly between public administration and private administration. In this article, we will make some references to the relevant theories of sociology and public administration, draw lessons from abroad, and combine the definitions made by Chinese scholars and the practices in legislative and judicial field. Our main focus is to discuss the "public" factor under public administration, to think of the criterions for distinguishing public administration and private administration, and to analyze the relationship between the character of public administration and national administration, for the purpose of establishing a social administrative system coordinated with national administrative system.The article consists of four parts, nearly 45,000 words altogether.The first part is the preface, which begins with history. Our country has a long feudal history of over 2000 years. With regard to the system of government, we have no choice but to choose the autocratic monarch system. Under this system, government office has extreme power; social organizations are at the edge of distinction. This situation lasted until the Chinese Communist Party (CCP) held the Third Plenary Session of the 11th Party Central Committee. From then on, our country adapted economy development, reform and opening up as basic policies, social organizations developed a little faster, but they still face many problems. The main concern is their position in law. Some social organizations inherited some kinds of power from government office, but their power lacks supervision by law, especially by court.The article put forward the concept of "social administration" after careful study for the meaning and character of public administration in the first chapter.This part shows us some cases related to social organizations. Because we don't know how to supervise social organizations when they exercise public power on their members, we raise the question of social public administration. Then the chapter introduces some opinions from Chinese scholars. Most of them hold that public administration is a part of government duty, while some others provide a new angle for this problem. For the administration of public affairs, government office should not take them as its own job. It is a trend to socialize the public administration, and the socialization is a key to rebuild the relationship between state and society.In the second chapter, the author pays more attention to the development of public administration in history. China has a long history of admiring monarchal power. Under this concept, China would never form a "civil society" like western country. Government takes all public authority, and social administration has no way to develop. To change this situation, we must change our concept first. Then the author reviews the development of public administration in western society, and has the conclusion that western country paid great attention to the relationship between public administration and private administration. Their theory developed with the practices of public administration, accompanied with the appearance of "Third Sector".In the third chapter, the author tries to build a theory and system of "social administration". In the author's opinion, to distinguish between public administration and private administration is the basic work for composing a new theory of social administration. So after criticizing the traditional standards for classification, the author puts forward three new standards, which are legal relation standard, legal enforcement standard and importance standard. Also, the author gives his own opinion about the meaning and characters of the social administration, and its differences with other legal concepts. The last paragraph of the article is mainly about the composition of a legal system relating to social administration. With regard to our legal defect and loophole, the author draws some lessons from other countries, and adds some new designs with respect to the legal position of social administration, judicial review, etc...