Study On The Significance Of Administrative Law By The Rising Of Social Power

The social power based on the relationship between state and society has always been the important proposition in sociology, political science and other subjects. But the research in social power in law subjects, especially in administrative law subject is rare. Social power, which based on the relationship between power, administrative power, and social power, is not only an important issue in administrative law, but also an important path to study it.Inspired by this, the author try to learn the positive significance generated by growing social power in the administrative law. In fact, social power is the influence, dominance, and even a degree of coercive power effected by the human, who use their unique social resources to the state and society. From the perspective of ought, social power presents in two basic dimensions in administrative law. One is the restriction of government power, saying social power is in full constraints of government power of the exercise motivation, operating range, and established it in orbit. Another is joining the government power, the social power saying get into the shrinking areas of government power to achieve it own advantage. In addition, social power also plays an unique function in promoting the community of administrative power, enhancing the legalization of the administrative process, promoting the effective of administrative activities. From the angle of realistic, the body of social power operation is mainly the non-government organizations. These non-governmental organizations cope with the social and public affairs and finally realize public benefit through a series of social communication mechanisms such as public participation to achieve the public interest.It could figure out by examining the history of the development of administrative law, at the initial stage of development of administrative law, "power is state" is that relationship between social power and administrative power, social power has no impact on administrative law, thus forming the control order of administrative law. In medium-term development of administrative law, "mutual disintegration" is the relationship between social power and administrative power. Social power had some certain influence on administrative law, thus forming a responsive order of administrative law. In the current period of development of administrative law, "balance of power" is the relationship between social power and administrative power, social power had a huge impact on administrative law to form the integrated order of administrative law .The continuous development of social power effectively promoted the change and development of administrative structure. In philosophy, the presentation in concept is, the flourishing of social power enhance new concept of good governance administrative law coming out: which concerned about the legal power, public interest, public participation, timely response, procedural fairness, accountability and so on. In infrastructure, the flourishing of social power promoted the establishment of two-dimensional structure of the executive: the state administration gradually lead to the social administration, social administration becomes to be the important part in the administrative infrastructure. In terms of content, the flourishing of social power promotes the establishment of service administrative system, mainly including community legal system, public finance and social security legal system. Society building became an important goal and task to the government. As the subject, the flourishing of social power promotes forming the structure of diversification of the administrative subject. With the social developing, the administrative power began to differentiate and transfer to the public especially the non-governmental organizations, as the result, a large number of non-governmental organizations involved in public administration affairs, pushing the social public body become administrative power bodies. In terms of behavior, the development of social power promotes the formation of the executive private law. With the social power participating in the administrative process, the social nature, private law nature, consultative of social power mixed into the process of administrative acts of public law, administrative body began to use the private manner in public affairs consciously. In terms of order, the flourishing of social power promotes the integration of administrative law order that is highly integrated: the relationship between the government and the social model is not only the unitary model that government to counterpart, nor a pure communication and cooperation between the government and citizen, while is rather a institutional framework reflects the government-led, public participation orderly and the effective communication between government and society.Social power is both a historical concept, also a development proposition. The significant meaning and huge function of social power not only showed in the basic concept and spirit of administrative law, but also among the various specific systems of it and in the practice of numerous administrative rule of law. The development of social power and revolution in administrative rules of law are with the high degree of fit and consistency in logic.