The Judicial Relief Of Supply Administration

In feudal society，our country paid attention to disaster relief as the dominantsocial assistance. The United Kingdom promulgated the" poor law" which isestablished the responsibility of the government by helping the poor. After the FirstWorld War, the citizens could enjoy the benefits provided by states. Especially afterthe Second World War, with the rise of the idea of the welfare state, modern countriesbegan to implement the welfare measures actively for protecting the fundamentalrights of the citizens. Based on the above background, the study of supplyadministration entered the research field of the scholars.Supply administration is an important activity pattern of modern governmentunder the service concept and we should consider the supply administration as animportant part of the administrative law. Considering the means of supplyadministration, supply administration is not only including the concreteadministrative act of administrative subject, but also including kinds of administrativeactivities, which are consisted of administrative contracts, etc. Judging from thenature of the supply administrative,though we can take supply administration as abeneficial administrative activity, the activity of supply administration may damagethe interests of the administrative counterpart which is caused by the improperexercise of executive power.Therefore, comprehensive analysis of the judicialremedies of supply administration is necessary to improve Chinese judicial relief ofsupply administration. The improvement of judicial relief system will be helpful forsupervising the movement of the executive power in supply administration area,protecting the right of private party in supply administration, promoting the processof building service-oriented government.Based on the above analysis, this article launches a research and discussion onthe judicial relief of supply administration. The article analyses the background of thegeneration of supply administration, reveals the development of the concept of supply administration and defines the concept of supply administration of our country. Atpresent, the definition of the concept of supply administration including two views:the narrow concept and broad concept. There are some inadequacies in the view ofthe narrow concept of supply administration. So this article uses the broaderdefinition, which can adapt to the development of social practice of supplyadministration. Then, on the basis of defining the concept of supply administrationclearly, the article describes the concept and the features of the judicial relief ofsupply administration. Then, this paper discusses the necessity of judicial relief ofsupply administration, mainly from three perspectives: firstly, the administrativebeneficial right gradually becomes the right foundation of supply administration.With the development of the administration beneficial right, the administrativecounterpart can require the state to provide some benefit actively. If theadministrative subject refuses or delays to perform its obligation, the administrativecounterpart can protect its own interests by starting the judicial relief of supplyadministration. Secondly, considering the obligation of the administrative subject, theactivities of the supply administration gain a dominant position. The administrativeauthority participates in the development of civil society more actively. Theadministrative subject not only ensure the right of administrative counterpart fromunlawful infringement, but also fulfill its duties and apply the protection of theadministrative beneficial right actively. The third, for the imperfections of the disputesettlement mechanism, it is important for improving the judicial relief of the supplyadministration. The process of improving the judicial relief of supply administrationcan promote the improvement of the administrative judicial relief at the same time.Again, there are some inadequacies in the judicial relief of supply administration, likethe scope of accepting cases, judicial bases, sentence types and the summaryproceeding and then this article analyses the reasons of these inadequacies. At last,this article puts forward some proposals for perfecting the judicial relief of supplyadministration.