China In The Context Of Interest Representation

The interest representation model was put forth by an American scholar, Mr. Richard B. Stewart. Based on a profound analysis of the American administrative law's evolvement history, he published his answer to the new development of the administrative law in the 1960s in American. Take a wide view of the development of the American administrative law, it has been devoted to the legitimacy of the administrative power. Before the Roosevelt's "New Policy", the purpose of the administrative law was to ensure that the administrative organs carry out faithfully and reasonably the instruction of the legislature. And also, it provided judicial review to guarantee the sanctions to the private from the administrative organs is the will of the elected branches. At the end of the 1960s, wide administrative discretion was authorized to the administrative organs. Some of the power was abused or even exercised illegally, while the traditional model can do nothing to it. With the effort by federal judges, the function of the administrative law changed fundamentally. All interests affected by agency decisions would be fairly represented in the administrative procedures similar to the legitimating agency action. Compared with the United States, the administrative law in our country is still in the former period of the rule of law, and the legislative techniques fall behind comparatively. Furthermore, with the influence of the old power concept which was formed by the Planned Economic Structure in China, the abuse of the administrative discretion can be found everywhere. In the period of social transition, some local officials get allied with those powerful interest groups, and wield the power of decision-making unfairly with the result of doing great damage to other social groups, when faced with the temptation of huge economic interest, at the same time for rash realization of political achievement, which is demonstrated typically in the field of urban house demolition. Because there is too much in common in the solution of the problem, and as a decision-making mechanism which take account of all interests affected by agency decisions justly, the interest representation model will play an important and beneficial role in the future evolution of our administrative law. In the perspective of urban house demolition, and with the approach of empirical analysis, this paper analyzes the difference of the generation environment for the interest representation model between China and the United States, study the feasibility of transplantation this model to our country, and gives some proposals accordingly. This paper is divided into four chapters:Chapter one gives a brief of the interest representation model, describes the generation and the classification of it, then discriminates it from other similar concepts, such as the interest expression, the administration participates. At the end of this chapter, a brief review is given to the interest representation.Chapter two analyzes the significance of the interest representation model in solving the problems in the urban house demolition. At first, this chapter makes an analysis of the situation in urban house demolition. There are three major problems in the urban house demolition: the first one is the mix-up of public demolition and commercial demolition; the second is the dislocation of the government's function; the third is the impact on the government's behavior from the developer group of the real estate. Accordingly, there are also three main reasons as follows: the first is the inadequate realization of the public interest; the second is the abuse of the administrative discretion; the third is the weak strength of the disadvantaged groups. Then, the chapter analyzes the significance of the interest representation model in solving the problems in the urban house demolition. The significance will be very extensive when this model is introduced to the administrative decision in the house demolition. This paper analyzes it from the following aspects: the first one is the significance of the interest representation model in the definition of the public interest; the second is the importance of the model in the power of administrative discretion in demolition decision; the third is the safeguard of the disadvantaged groups' interests by the interest representation model.Chapter three studies the feasibility of introducing the interest representation model to the urban house demolition field. On the basis of our current political and legal system, this paper inspects the judicial model of the interest representation in our urban house demolition with four aspects: the provision of representation, the costs of interest representation, the administrative procedure and judicial review for the interest representation model. Especially, on the provision of representation, this paper analyzes the possibilities that the representatives, the CPPCC(Chinese People's Political Consultative Conference) members, the reign party and the social groups act as interest representation. At the end of this chapter, to analyze comprehensively, the paper makes a brief analysis of the political interest representation model.Chapter four conceives preliminarily how to develop the interest representation model in our country. To form the environment for the model, this chapter presented several proposals as follows: firstly, we should cultivate good civil consciousness; secondly, the social groups should be promoted healthy; thirdly, we should strengthen the construction of administrative procedure; fourthly, the judicial system reform should be extended quickly.Although the environment for the interest representation model is still not available in our country, the model provides us with new research ideas and does great benefit to the development of the administrative law in our country. In the future, it will be found in the legal reality in some way. At present, we should make effort to cultivate the soil that rule of law exists for the generation of the interest representation model, and promote the early realization of the model in the administrative law field in our country. This master's thesis makes commonplace analysis of the interest representation model in China, and wishes others may come up with valuable opinions.