The Research Areas Of Administrative Support Legal Regulation

Since the new country built, the scientific research sustentation project has experienced four phases: planning system, re-building, renovation and perfection. We've also got great accomplishment after tremendous financial investment. However, the efficiency of the scientific research sustentation in our country is still not perfect integrally, and the administrative organizations have strong discretionary power. Moreover, the system started too late which is short of related mature theory guidance. Therefore, it's necessary to do study about the relationship of scientific research and administrative sustentation considering that there's much conflicts referring to the scientific research contracts and administrative support. Accordingly, hereof to summarize the common characteristics of the three modes of the scientific and research support in our country by the way of quantitative and qualitative analysis to conclude that the administrative support under the scientific research area can't meet the legal character of the administrative contract. Contrarily, the actions under all of the three modes of the scientific research sustentation obviously have the characteristic of unilateralism and punishment which completely meets the requirement of the administrative disposal even the administrations conducting the administrative sustentation actions as the manner of the contracts. As we know, the administrative disposal is kind of unilateral legal conduction that the administration organization did to some special objects as their administrative authority which has the special legal characteristics referring to the legal relationship of subject, object, content, legal effect, legal basis and subjective will, while the Administrative Sustentation including the scientific research supporting even as the contract manner just completely meet the requirement, especially referring to the decisions with the characteristic of unilateralism and punishment. Therefore, the administrative sustentation of the scientific research area is one of the administrative disposal actions in itself. As a result, it should be abandoned of the stereotype of the administrative contract for the regulation for the administrative sustentation of the scientific research area in our country. Moreover, in order to optimize the laws and regulations to ensure the good environment for the scientific research business in our country, those works should be focused: sustentation process, information publicity, sustentation discretion, expert judge, etc.