On The Marketization Of The Administrative Power And The Legal Countermeasures

In the course of enacting rules and regulations, through Introduce market system, administrative subject manage administration of state and social affairs within the scope of the legal authority, and probably lead to administrative power market mechanism.It becomes a trend, during the administrative execution and legislation, to introduce parts of the administrative powers into the "market mechanism", to promote administrative powers to achieve "efficiency and equity". But, due to incomplete legislation, profits driving of administrative organs, administrative concept of administrative organs and public servants,administrative power violate of people's legitimate rights and interests, and become administrative monopoly, and corruption of executive power, etc.That is to say, administrative power commercialization mainly impact credibility of the law, damage the rights and interests of the person subject to administration, disrupted society fair competition, provide opportunities for corruption. So,Under the guidance of the administrative law system, through Marketization of administrative power should be improved, empirical study, theoretical reflection, case analysis and legal evaluation of the Marketization of administrative power and the reason for existence thereof, based on analysis of the defects of the existing system, in accordance with the principle of due process of law and concept of the rule by law contained by the principle. And a scientific, rule-of-law and democratic system of administration, through correction of administrative ideas, Marketization procedure and perfection of the construction of remedy system, should be established to improve government administration and promote administration by law.These measures include mainly Separate the executive power and wealth interests, Control of administrative authority by administrative law, Improve the system of judicial relief.