Administrative Power To Set Legal Thinking

Administrative power is the most popular and widespread power in modern society. Administrative power ruled by law has two meanings: one is the authorizing of administrative power ruled by law, and the other is the operating of administrative power ruled by law. It's very important to pay close attention to the operating of administrative power, while the authorizing of administrative power is worth paying the same attention. It is an important premise of the state ruled by law to authorize powers in a scientific way. Meanwhile, it is an important premise of legitimization of the operation of powers to authorize powers in a legal way. The essential requirements of the authorizing administrative power are scientism and legitimization. The position and function of administrative power in modern state's power system are far from that in the 17 and 18 century. Therefore it's necessary to discuss the outer boundary between administrative power, legislative power and judicial power in the process of the expansion of administrative power as well as the boundary between administrative power and citizen's rights. And so does the inner distribution of power in government system. On the basis of the points above, we can discuss the basic principles of authorizing administrative power. They are the principle of necessity, the principle of legitimacy, the principle of public interests, the principle of restriction and the principle of democracy. According to these principles, the requirements of scientism and legitimization of the authorizing of administrative power can be met.The paper consists of foreword, main body, conclusion and additional remarks. Foreword expounds that the main subject of managing state affairs according to law and administration accord to law lies in the research based on the authorizing of administrative power. The main body is divided into four parts. Part one focus on the characterization and classification of administrative power. Part two puts forth a positive analysis of the intention of the concept of the authorizing of administrative power. In particular, the subject and the pattern of it are emphasized. Part three discusses the outer boundary between administrative power and legislative power and judicial power in the process of the expansion of administrative power along with the inner distribution of power in government system. Part four expounds the basic principles of authorizing administrative power. In conclusion, the author sums up the main ides of the paper and further exploration of a possible broad view that develops from the topic of the paper.