The Study Of The Administrative Guarantee Legal System

The administrative guarantee legal system is a new legal system which is learnedfrom the guarantee system of private law field. It has a history reached half a century fromthe prototype of the administrative guarantees in1957to the present. However it has trulyinstitutionalized in the past two decades. Currently the legal system has covered severaladministrative areas, such as the customs supervision, tax administration and so on. But thesystem theoretical foundation and the system of practice is not working well.The article contains tree main parts. First is the theoretical analysis, in this part, theconcept of administrative guarantee is determined. In order to find out an appropriatefoundation, establish a reasonable legal position and explain its reasons for the rise. Then,the article will analyze the current status of administrative guarantee system in China,including the legislative status and practical operation of the status from which point outthe problems of the existing system. This is the second and third parts. The forth part is thedevelopment of the concept of administrative guarantee legal system and the traditionalconcept of administrative transition from the introduction of the concept of administrativecontract to a specific system to improve the views and analysis of its future developmenttrends.