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Chief Diversification

Posted on:2010-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:H Q CengFull Text:PDF
GTID:2206360275986062Subject:Constitutional Law and Administrative Law
Abstract/Summary:PDF Full Text Request
Modern administration has two distinct features: firstly, with the development of society, the task of the State is increasing, the state functions is in a continuous state of expansion; Secondly, returning state power to society is becoming the mainstream of administrative reform. Privatization and market-oriented practice are increasing. The trend of flexibility, privatization and diversification of administration can not be reversed. To make a positive response to this trend is market-oriented administrative system and administrative decentralization, that is, to distribute the complex administration to other organizations or groups following a geographic standard or services standard. Under the premise of self-administration and self-responsiblity,this organizations or group can establish a sound and reasonable administrative subject system in order to make the theory of administrative subject keeping the paces of times and improve the rationality of administrative practice. With the implementation of such a decentralized system, social administration subject has become an important subject of public function field, share the tasks which was originally considered as exclusively preserve to the national administrative, link the country's ties with the public, and give the traditional administrative model a vision of civil community. In recent years, legislative and judicial practice of administrative law have made great progress. However, with the continuing decentralization of executive power, a large number of social intermediary organizations are participating in the provision of public goods, whose exercise of administration is lack of judicial supervision. In order to safeguard the authority of law and protect social justice, status of administrative subject and the defendant's eligibility should be reasonably interpretated by the theory of the administrative subject. Then,self-government will play its role in the realization of the citizens'political participation and expression of interests pursuit, and realize the interaction among state, social and civic. Here the recent theoretical study of the administrative subject will answer the question that how to make necessary interpretation of the problem of administration diversification and how to face sensibly to the challenge in building our theory of administrative subject. Thesis is divided into four parts, and adopt the path"the theoretical background - a picture of reality - the problem with the construction", showing the common trend of diversified development of administrative subject in modern administration, and on this basis, analyze the impact and issues of the theory of our country's administrative subject, with a view to the remodeling theory proposed by a number of constructive comments.The first chapter of the thesis, through the analysis of origin and meaning of theory of governance, not only its interpretation to the development trend of modern administration theory in the field of excutive, but also the resulting changes in the theory of administrative subject is expected to be clarified. With the rage of governance theory in public management, the subject of social administration, is becoming more and more attention. With the role of Social Administration becoming increasingly prominent, the diversification of administrative subject becomes an irreversible trend. In this paper, the logical starting point for the theory of governance provides a theoretical background of space for the diversification of administrative subject .Papers Chapters II and III focuses on the extra-territorial and national picture of reality of the diversification of administrative subject. Through the comparison of administrative subject theory and system between the foreign theory and the domestic one, a due kind of sight in theory of chinese administrative subject is explored in the trend of the diversification of administrative subject and power from state to society. Discussed in Chapter III, a paradigm theory is introduced to study administrative subject theory as a paradigm. Criticism and remodeling will begin in the paradigm.Chapter IV of the paper is aimed at illustrating the Logical difficulties in the remodeling of chinese administrative subject theory through the exploring similar and minor differences in the practice of the Court in Club v. Association cases such as "Guangdong-feng aluminum" case and "Changchun Yatai" case. Based on this, a few characteristics of the remodeling paradigm of chinese administrative subject are mentioned. In this section, Our discussion does not focus on the so-called "build" effort, but more attention to possible problems and their solutions in remodeling are payed, which is original intention that the subject of this article is located in the "problem" and not the "construct".
Keywords/Search Tags:Administrativie subject, Diversification, Paradigm, Predicament, remodeling
PDF Full Text Request
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