Construction Of The Theoretical System Of Social Administration Study

This paper expatiates on the spring-up and main contents of modern public administration movement, as well as the revelation of the movement to our country's administration reform. It also elucidates that, with the evolution of the public movement, it is difficult for the administration jurisprudence, which traditionally focuses the research on state administration, to adapt to the socialization trend of administration power. All kinds of public organizations beyond the control of the government play a more and more significant role in public life. Therefore, in many countries the administration laws are forced to bring social administration into research field. It can be seen from latest years' cognizance practice of administration cases by the People's Court that our country's administration law also touches upon the field of social administration.However, the areas in which NGOs function expand gradually and the public power functions more and more frequently, meanwhile, cases in which NGOs have abused public authority and have violated relative person's right takes place more and more frequently without being redressed .All the phenomena reflect that our country's administration law still stays at a traditional stage and it is hard to satisfy the need of the development of modern public administration. Exactly based on this, thisarticle selects a thesis, specially in the angle of view, advocating that the theory of social administration is one theory that is different from the national administration, with its own characteristics.The modern administrative law study should not only cover the national administration, and it should study the social administration as well. Bringing social administration into the regulation can stipulate and restrict the power of the non- government public organizations to prevent the state power excessively invades the social administration domain, and it also can provide the relative person with the effective way of relief, preventing the non- government public organizations exercises the civil power from harming the citizens' civil rights .At present, the issue about the status of the non- government public organization administrative laws has already touched off the attention of the administrative legal academic environment. Scholars start to conduct the research from different stratifications, in different angles, which has an important significance to our country administrative law development. But this article puts the question of non-government organization's administration law and national administration at the same level, attempting to construct an integrated theory about social administration of our country, which considers these two administration systems to be two sub-systems of our country's public administration system, and tries to make many issues about social administration clear in the perspective ofsystems theory, such as the causes of the emerges of social administration, the sources of social administration subjects, the definition and the division between the powers exercised by social administration and the state , the monitoring on social administration subjects and the question of aiding the violation on relative persons from social administration subjects. This will be helpful for our country's administration domain to be noticed more than ever, for our country to complete the public administration theory and it is significant theoretical and practical meaning to solve the problems met with in our country's administration domain.The main body of the text is made up of four chapters.Chapter I mainly introduces the background of the bringing-forward of social administration. Its bringing-forward mainly roots in the development of Social administration movement, the spring-up and the main content of which is firstly stated in Chapter I. It also comments that the domestic economic and the political factors have caused the movement, namely the appearance of financial crisis, management crisis and the trust crisis. Part II says that economical globalization is a main propelling force which makes the western government reform. Part III tells that technical revolution is the catalyst which causes the western government to reform. Part IV interprets that the expiring of traditional bureaucrat systems and the effect that private sectors have are also themain reason. Part V expounds the modern public administration movement has influenced our country. The last part comes to the conclusion about our country's administration theory system, setting forth public administrative movement affects on our country's administration theory system and putting forward that our country's administration theory system need be constructed in this big background, so that perfecting our country's administration theory system.Chapter II analyzes the necessity of constructing our country's administration theory system and expounds it from theory and reality demands. Firstly, theory demands mainly set forth the complete demands of administration theory system based on the research object of public administrative. And then reality demands chiefly based on two points: the first point expounds the administrative act about preventing government intervenes social administrative subject at will and maintaining the autonomy of social administrative subject, causing it fully give play to its roles and becoming an important power that restricted government. The second point sets forth the relief questions that social administrative subject infringe the legitimate rights of administrative relative person when they perform their public function fit into the administrative law relief system, so that administrative relative person's rights could be protected.Chapter III is key chapter of the article. In this chapter author tries toconstruct the basic theory of our country's social administration theory system, and mainly expounds it from the following three aspects: The first aspect discusses that the condition of constructing social administration theory system is cut-in point basing on the definition and division of the power of state and social administration defining regulation scope of social administration. The second aspect sets forth the original construction of social administration theory including: the connotation of social administration and the extension of social administration subject, the definition of social administration and relative concept, the feature of social administration and so on. The third aspect interprets that the basic theory of social administration is good governance, i.e. government and society commonly administered public routines, help public rights that public routines covered maximization.Chapter IV is also an important chapter of the article. In this chapter author expounds it from the following three aspects: subject, act and relief of law theory system. The first aspect discusses that the subject theory of social administration includes the type and power origin of social administration subject. The second aspect sets forth that act theory of social administration The third aspect interprets the judicial relief of social administration, which is analyzed importantly from the current judicial relief situation of our country's social administration and by citing some current hot cases, a suggesting that social administrationrelieves bring into the relief system of administrative law and develop relief way of social administration characteristics.