The Expansions And Limitations Of The Spirit Of Contract In The Field Of Administrative Law

In the current administrative law, the administrative ruled by law is more andmore became the general trend of the development in the administrative world. Andthis was partly because of the result of the gradually coming of the law civilization,which due to the exposure of disadvantages by the government laws caused by thegrowth of consciousness of people’s rights. The expansion of private right to publicright, is also more and more prompting the transparency of the governmentadministrative process. As the soft administrative development, more and moreadministrative areas by the original administrative compulsory measures is graduallytransformed to achieve the purpose of way in the direction of the harmoniousdevelopment. So, the relationship between the government and public also graduallyby management and subordination relationship slowly towards the direction of thetransformation of cooperation. And this is increasingly saturated with the spirit ofcontract as the development of more relaxed way of administration. The expansion ofthe spirit in the field of administrative law is the inevitable result by the developmentof social civilization. As the time It reduce the administrative burden caused by thesocial development, it also promote the effective use of social resources of highquality. But the expansion of the spirit of contract in the field of administrative law isnot infinite, it has a limit, and the limit is the field of the traditional administrativelaw.The current world of the administrative law has already entered into the rule oflaw administration, the service administration, the cooperative administration and theglobal administration. But this does not mean the traditional administrativemanagement which act the power as the main way is out of date. In the present andthe future for a long period of time, supported by licensing, sanctions and punishment,forced the traditional administrative behavior will always exist without stability, thisbecause the consciousness of people, the concept of the rule of law will not get anunprecedented increase in a short time to make the government using the no enforcingsanctions by the level of self-discipline. It will not change in a short period of time forcountry to maintain normal social order by force. Therefore, the development of thesociety of the new way by administrative behavior is not to say that the traditionaladministrative law have been out of date. On the contrary, the traditional mandatorygovernment and administration in the new era of cooperation jointly promotes thecountry’s administrative order. Contract concept expansion in the field of administrative law just as the administrative government by law in today’s worlddrives the government to promote the process of administration is more and moredevelopment in the direction of the transparency, ease and appear and more and moreextensive soft expansion in the field of administrative law. The administrative powernature may not allow the violation to the traditional administrative areas and ruin theadministrative authority could threaten social stability. The author is discussing theexpansion of the spirit of contract in the field of administrative law to reduce thefinancial burden of the government administration, and at the same time it promotethe rapid development of the social diversity. But the expansion of the spirit of thiscontract in the field of administrative law is not infinite, in the administrative lawcan’t be completely replace all administrative behavior, which is added to thetraditional administrative law in the field of power. Its expansion is just with thedevelopment of the society and the increase of administrative areas, this partmanagement is relatively moderate. As long as it able to guide correctly the negotiateempowerment to achieve self-management and easing the burden on the government’smanagement, or the government present in professional work need more and more.There is no need to add a temporary administrative jobs sometimes can contractthrong hiring some professional social organization or personnel to complete the workby the government department to complete the work. So this reduced both reducingthe burden of the government and saving the social resources. As a result, the spirit ofcontract with the improvement of awareness of the rule of law and the process ofadministrative government by law to the infiltration and expansion in the field of theadministrative law. But the expansion is based with the development of the societyand the increase of the administrative law. It can’t infringe to the field of thetraditional administrative law which represent power nature and as the most powerfulbacking force in maintaining the social order.