On Administrative Acts In Circulative Society

Can environment be protected while developing the economy? This is the doubt and introspection on a series of negative effects such as environmental pollution, resource exhaustion, ecological disruption brought by the unilateral pursue of economic growth when people entered the age of a industrial civilization. Under the traditional administrative acts theory, the government, who plays a leading role in promoting social development, takes mandatory enforcement of administration as its content, and mainly focuses the pursing of efficiency and public interest. This mode of government can lead to the lack of the concept of sustainable development and the slack law enforcement. While the administrative acts in the circular society, which is based on the traditional administrative behaviors and adapted to the new trend of times, take both efficiency and fairness as its content, place both the public and individual interest as value orientation, focus both the inter-generation and the intra-generation fairness, which can meet the requirement of sustainable development and the society.This thesis begins with the contemplation on traditional administrative act by presenting the environmental cases and present environmental problems, and then it goes to the concept of circular society. Based on the exposition and analysis of the definition, characteristics, theory foundation of circular society, the author summarizes the paradigm content of the traditional administrative society and the circular society. Finally, the corresponding strategies of the administrative acts in the circulation society are proposed.It can be divided into four parts and the content of each part is as following.The first part puts forward the problem. This part mainly illustrates the environmental cases such as the sharp contrast of recycling condition of electronic trash such as cell phones at home and abroad, and the problems of the traditional environmental problems such as water pollution, air pollution and sound pollution in the latest 2009 China Environmental Status Report, which trigger the author's contemplation. These serious problems have penetrated to every corner in the society. In addition to the pubic awareness, the solution of the environmental problems also lies in the government's guide and support. However, the mode of traditional governmental acts can only decreasing the governmental function, which has just focuses on the social administration and ignored social problems in other aspects. When the environmental problems and the social problems are getting more and more severe, the traditional administrative acts can not meet the society's requirement. While the propose of administrative acts in circular society can adapt to the new trend of times. It takes the harmonious development of human and nature as the basic development mode, the non-mandatory administration as the administrative acts mode, focuses on both the efficiency and the fairness, which can meet the requirement of the society.The second part is the analysis of the circular society and its background. It mainly introduces the concept, characteristics and theoretical foundation of circular society and the related concept of circular society. The author introduces the foreign theories, particularly the Japanese scholar's exposition, in which country a well-found theory on the construction of the circular society have been developed, and the defining of circular society from Chinese scholars in many fields, then compares them and draw the conclusion that circular society is a development mode that is based on the concept of sustainable development. It is to realize the circulation of the natural recourses through the reduction of the waste, and the recycling of the waste and besides which, the economical, political and the cultural development should also keep accordance with the sustainable concept to finally realize the harmonious development of the society, the economy and the ecology.Concerning the features of the circular society, the author believes that the circular society should be based on the harmonies relationship between human and nature and take recycling economy as its economic mode. Circular society is an environment-friendly society, whose construction is a complicated organic system project. Since the final goal of circular society is the sustainable development, it is necessary to introduce the content and social relationship of sustainable development. Sustainable development is a development mode that is centered on the human development and includes the economic, ecological, and the social system, which is a comprehensive, harmonious and sustainable outlook of development. It is the manifestation of circular society, and the construction of circular society is indispensible to the support of sustainable development theory.The third part is the paradigm shift of the administrative acts in circular society. This part mainly depicts from the following two aspects:the paradigm content of the administrative acts in traditional society and circular society. The so called paradigm is the most widely organizations in a subject, which is people's comparatively systematic set of assumptions on reality including the concept, the theory, the viewpoints and the methods, etc. In the traditional administrative acts paradigm, the concept of administrative acts is the supreme of the efficiency, which ignores the fairness people are expecting, and the efficiency is simply the ratio of the output and the input, by which way the evaluation of administrative acts of the government are totally quantified which is the simple "mechanical efficiency viewpoint". The mode of traditional administrative acts is the mandatory administration, which is to say the administrative subject is in a more advantageous position, and it is not equal to the administrative objects. They advocate command administration, which is unilateral and mandatory. The content of traditional administrative acts is power dominating, which is to say that the executive power is too strong, administrative subject consider themselves to be the managers. Due to the excessive power of the administrative subject and the guarantee of coercive power, the government advocates controlling administration and this results in the unbalance of the structure of the administrative power and the administrative opposite parts. The traditional administrative acts center on the public interests and ignore the social security and social order. They focus on social welfare and public interest and ignore the individual interest of the public. On the contrary, the circular society focuses both the efficiency and fairness, take non-mandatory mode as the main mode, shift from the power dominating to the balance of the administrative opposites and considerate both the public and personal interest as the valuation orientation.The fourth part is about the respond to administrative acts in circular society. There exists a big "ought to be" and "to be" gap between the administrative acts in traditional society and in circular society, so this part mainly depicts four perspectives that must be modified so as to meet the requirement of circular society and make the administrative acts can develop well in a scientific way. First, an evaluation system should be established, which is to say, it ought to put the concept of the sustainable development into the administrative legal norms, use the sustainable principle to carding and filter the administrative legal documents, check the legislation content of the environmental protection, the use of the natural resources and the energy so as to make them meet the requirement of sustainable development. Second, it ought to regulate and promote the mechanism and the procedure of the administrative law enforcement, modify and develop from the aspects of the administrative subjects, the procedure and the mode of the administrative law enforcement, and the administrative responsibilities to make them meet the requirement of the circular society more perfectly. Third, it ought to establish and complete the public participation system. Only by this, the enthusiasm of the public can be aroused. The pubic participation is that, according to some legal procedure, the public can engage in the environmental protection, which includes the rights to know the environment, the rights to participate the environment, the rights to make policies about environment and the rights to supervise. Finally, in circular society, public interest litigation should be established, which is the necessary requirement to protect the public interest and realize the administrative litigation. The public interest litigation can help to protect the public interest and is helpful to the construction of circular society.In conclusion, the circular society meets the needs of the society more perfectly. It promotes the harmony and the sustainable development between the society and human through developing the administrative acts from every aspect.