Theoretical Study Of The Modern Administrative Control Rights

Power Control Theory in Administrative Law comes into being in the 17th century after bourgeois revolution succeeding and It carves up into Traditional Power Control Theory and Modern Power Control Theory in the limit of the end Of 19th century and the early of 20th century. Traditional Power Control Theory in Administrative Law emphasizes Administrative Law has the property of controlling powers and guaranteeing personal freedom. It limits the scope of executive authority with the means of legislation and judiciary and pays attention to personal peace or chaos always between nation and citizen. Traditional Power Control Theory's meaning begins to change with governments' intervening enhancing and welfare state emerging in the 20th century. It lays special emphasis on a constructive role of executive authority in modern society, constructive means of control about executive authority and preserving interests of a society.Executive authority in modern society has properties of exercising its powers positively, expansive extent, miscellaneous forms, welfare goals, indistinct boundary .They decide the scope of modern administrative The administrative controlling power should extend in: lawful forms an lawful substance, in lawful substance and lawful order of administrative act, in lawful definite administrative act and lawful abstract executive authority, in lawful free appreciation executive authority and lawful restrictive executive authority. Administrative law should take different standard in different field and different phase. On the one hand, administrative law admits positive effect and on the other, restricts the degree of it intervening in the society.It is necessary to design scientifically with legal norm about the system of executive authority because traditional power control theory in administrative law occurs changes in modern society. Modern law controls executive authority through the means of regulation control, process control, judicial review and administrative supervision.