Administrative Procedure In China To The Improvement Of The Scope Of The Case

The theory of special power relation as a law theory steamed from Germany in 19~th century in order to defent the king' s contorl to officals and army, then this theory gradually expanded to the other administrative fields , such as hails and col leagues.As far as general power relation was concerned, special power relation was a kind of relation with stronger attachment to state in special administrative fields and those special administrative fields can be devided into several kinds ,the first was the relation of service in public law such as the relation between government employees and the government; the second was the uti lizational of units such as the relation between colleagues and students;the last was the special supervising relation in public law . In those kinds of administrative relation the priciple of law reservation can not be applicated in general, and the government can carry out actions which maight encroach on citizen' s basic rights without the authorization of law. In a word, the traditional special power relation in practice is a space without relief.With the development of law , more and more scholars raise different theorise to revise this traditional special power relation, among those theories, the theory of basic and managerial relation and the theory of importance were accepted by the great majority because those theories balanced the protection to basic rights and the realization of aims in administrative.This thesis contains four parts , In the first part the author overviews the production and perfection of the special power relation theory and defines the characteristics and categories of theory. This theory produced negative affect to our country especially the drafting of administrative produre law and the inner administrative action didn' t include in the scope of acceptance.In the second part the author expounds the concerning system with the theory of special power relation in our country. The theory engendered negative influence to our country. In the third part the author rethinks the scope of acceptance of administrative procedural law in our county. The inneradministrative action can not be accepted by the scope of acceptance of administrative procedural law , in addition the pattern of the scope and the conteni of the scope are two weaknesses of administrative procedural law. In 1he last part the author raises two aspects to perfect the scope of acceptance of administrative procedural law . The modern rule of law demand that the relief must be given if people have the right, it is also the basic request for which our country rule and administer by law. With the trend that all countries safeguard the basic rights and give enough relief with the judicature,it is a genera! trend that the special power relation is brought into the scope of administrative litigation in our country.