The Research Of Regulations By Administrative Law Of Administrative Subsidy

Administrative subsidies are an important way of state intervention in economicand social life. In the view of administrative law, administrative subsidies are part ofthe welfare administrative areas, and increasingly important with the rise of thewelfare state, and have also been widespread concern. As the administrationpresentation action of Administrative Subsidy, although not fully based on disciplineadministration of traditional administrative law system, but also can not out of fromthe view of rules of law, and the requirements of administrative legal norms are to bethe new appearance. On the analysis of the concept and nature of the subsidy behaviorbasis, administrative subsidies are the research object of this paper. From the base forsubsidy to the legislative mode of subsidy, this paper wants to construct the legalregulation mechanism, to form a harmonious subsidy legal relationship, and topromote the standardization.The paper is divided into the following four parts: The first part is an overview ofthe administrative subsidy. This part is based on the concepts of AdministrativeSubsidy, analyzes the purpose of subsidy, and the object of subsidy, behavior ofsubsidy and the effect factor. Followed is the analysis of the nature of administrativesubsidy. In the introduction about the executive compensation properties of differentviewpoints, the author puts forward, Administrative Subsidy in principle is the law ofbehavior, but when to use the private means to complete the task, adjustmentmechanism of the auxiliary needed. At the same time, administrative subsidies are areinstate administrative behavior, and weakly administrative action and discretionaryadministrative act. The second part explains why in the field of administrative lawresearches administrative subsidies. This pate mainly analyzes the basic rights andwelfare administration theory regarding the regulation of administrative lawrequirements, which is the essence of administrative law suit, but in order to establishthe administration based on the administrative legal system has made more stringentrequirements, unlike single control power, are also included on the legal relationshipof rights and obligations of the parties subject incentive and restraint, so as to form acomplementary relationship between rights and obligations, namely in theAdministrative Subsidy field forming harmonious administrative legal relationship. The third part is to investigate the state of the current situation of administrativesubsidy, and the analyses the existing mainly problems and the causes: In the theoryof administrative law,because of the lack of Administrative Subsidy concept andnature,leading to enlarge, narrow, twist the concept of the administrative subsidies,we are unable to offer any subsidy practice guide; and the" budget law" and theproblem existing in the budget also are unable to provide a good source of fundscontrol, coupled with the use of administrative law norms omission, causingadministrative subsidy project, eliminate the bad effect. The fourth part, from thelevel of entity law, puts forward a few conceptions of perfecting the administrativeregulation of Administrative Subsidy. Firstly, perfect administrative subsidy legalposition setting on the right; establish the legal reservation applies the inevitability,clearly setting the legal standard and the specific content of retention. Secondly, toclear the legal basis, the regulations of administrative subsidies, explicitly excludedeasily lead to the non-legalization of legal provisions, is to construct the logic systemof the mode of Administrative Subsidy legislation. Thirdly, this section is to clearlyset the ownership between the creative rights and the regulative rights, to preventfrom the flood of the subject of subsidy and the large number of low-end legislations.Four to six parts are around the third portion of the requirements of legal norms, thecontent of the specific design. In conclusion, administrational subsidies are complex,specialized administrative behavior, then, and administrative norms on the mechanismare also diversified. For limited by the author’s ability, the author only selected theregulations of the entity laws, hoping for providing some reference to the legalizationof Administrative Subsidy.