Initial Research On Administrative Pilot Action In China

In China, reformation and innovation by way of building pilot regions dates back to15th, July,1975, when the Central Committee of the Communist Party approved the report of developing economy with special policy and flexible methods and decided to build special administrative regions in Shenzhen, Zhuhai, Shantou and Xiamen. Nowadays, in a country ruled by law and on its way to build a socialist country under the rule of law, to administer by law and transform the function of the government has become common ideas of governments at all levels and their functional departments. Administrative pilot, as a new type of administrative action, has become a vital means of realizing and reflecting administrative management innovation. In practice, administrative pilot can be performed in following aspects:all kinds of pilots, pilot sites, demonstration zones and pilot&demonstration zones, etc. As one of the measures adopted in the process of China’s reform, emergence of administrative pilot action is inevitable and superior. However, it is clear that although administrative pilot actions has existed for a long time, studies about it are not only focused on science of policy and science of administration management, which are still in their early stage, but also an blank domain in administrative law field. The both sides of administrative pilot action make it a useful means by local governments at all levels and their functional departments to develop local economy and administer local affairs, meanwhile, there exists a great possibility for administrative pilot actions to be abused in practice. Therefore, it is necessary to study administrative pilot from the perspective of administration law to meet the objective requirement of legal administration. This paper tries to discuss administrative pilot action from the perspective of administration law, analyze its necessity by comparing with other related administrative action with its typical examples in practice, sort them and buildup the theory system in order to provide relevant suggestions to regularize administrative pilot action in our country.In the first part, it mainly argues the necessary of studying administrative pilot action in the sense of administration law. There are two major aspects:theoretical necessary and urgency of practical needs. It is a development exploration with China characteristics to conduct reform and innovation by trials, and also a common way for government to carry out its functions. However, it’s a pity that although people attach great importance to the administrative legal theory today, administrative pilot, the widely-used action, doesn’t get much attention in administrative legal theory, especially in the field of the administrative behavior law. Furthermore, because of lack of scientific studies on administrative trial acts, there are a lot of disordered and abused problems. As a result, it influences not only the discipline development of administrative legal theory, but also the procedure of administration by law. Besides, it has potential threatens to the interests of administrative counterparts. So we must pay attention to administrative pilot, and make it under the administrative law studies.In the second part, this paper analyzes the problems in administrative pilot action, and proves them with examples. At present, the reform is being deepened. Governments at all levels in different regions take pilot action as a method to break through reform bottleneck and explore new development model for the region. The regions and methods of pilot actions vary and are in disordered way, so there are apparent problems in reality. But due to immature theories in the field of existing administrative law studies, one must start from case studies to analyze problems in administrative pilot action. In order to ensure more direct and appropriate studies, this paper will provide typical and real case after each problem analysis, in order to extract the focuses of theory construction and legal regulation stated in next part through the combination of problem summary and case demonstration.In the third part, it will build theory construction of administrative pilot action based on its previous case analysis. To begin with, it will explore the differences between administrative pilot action and related administrative behaviors, such as administrative licensing, administrative assistance, administrative guidance and administrative planning, etc. Then, it will define and analyze the properties of administrative pilot action after confirming it as a new administrative behavior’cause it doesn’t belong to any existed administrative behaviors. At last, this paper will sort administrative pilot actions in practice to form them types.In the fourth part, it will set regulation on administrative pilot action at the level of administrative law and take it into law orbit. It mainly includes:regularizing the source of the power to make administrative pilot actions, clarifying the subject of administrative pilot actions, improving its procedure and then perfecting the relief of administrative pilot actions, in order to regulate administrative organizations’behaviors and protect legal rights and interests of its private party and improve and develop the administrative behavioral theory in China further.