On The Administrative State

The first part:The definition of "Administrative State". In this part, the history of theevolution of the type of states is introduced firstly, considering the aspect of state'spolities, economic and public administration, there are different characteristics ineach period of state. To concern about the effective classification in theadministrative law field, as the ones by the Germany scholar, which classify thedifferent types of states, a conclusion about the classification of the modern time issummed up: Firstly, The Police State (or The Administrative State), it has thecentralization of state power as its most obvious character and the administrativepower penetrated in every aspect of the civil life. Secondly, The Free State—inwhich the invention of administrative power was maximally restricted, so it hadthe minimum affection on the civil life is discussed. Thirdly, The AdministrativeState—the state whose administrative power is expanding, and the state offerspeople the service in social life as the economic, the culture, the welfare etc. Butthe power of the states is controlled by law.As the introduction of the first point, the Administrative State appears twice inthe recent history. So the historic background, the aim of the administration, thescope of the state power, and the fundament of the administrative power arediscussed to explain the differences between the first Administrative State in thePolice State period and the one in the modern time.After that, the reasons why the modern Administrative State arise aredescribed in the final point of the first part, concerning about the constitutionalismof modern countries, the development of economic and the multiplization of sociallife.The Second Part:The Phenomenon of Administrative StateThe comparison of the data of the administrate organization and thegovernment functionary in the U.S and France which are the typicalAdministrative States in recent years show the great growth of the public organsand government functionary, especially the growth of public servants. In addition, the scope of the administrative actions is extended, there appears the integration ofthe administrative power with the legislative power and the judicial power. Finally,the initiation of the administration is growing.The third part:The Administrative State with the value of 'rule of law'. At the beginning, it isthe analyses of the bases of 'rule of law' of the change of states' type. In recentlyperiod, the change of types of states is change of administrative power. In a word,it is a process that from centralization of state power to restriction of state power,then to the control of state power. In the end of feudal period, the affection ofpower is the main stream. While after the revolution, feudal royalty was overthrow,the capitalist economy needed the free space to develop, so restriction of thegovernment power became very necessary, as to protecting the private freedom onthe one hand, on the other hand confiding in parliament rather than the feudalgovernment power. Not only in the economic field but also in the notion of statepower it appeared the maximum restriction of the state power. In the 20 century,there are serious problems in the education, employment, sanitation, transport,environment, so the Administrative State presented itself. And the governmentorganization expanded immediately. The scope of the government action extendedfast. While the government power acted under the law.In this part, the differences of the control of power in the 20th century and therestriction of power after the revolution are put forward. And after the descriptionof dissimilation of the Administration State the conclusion is reached—'the rule oflaw' is the fundament of the Administrative State.