The Analysis Of Administrative Power Alienation Under The View Of Democratic Administration

Administrative power is obtained by the administrative agencies, according tothe provision of the Constitution, for the realization of the government function tomanage the state administrative affairs, is a public power based on the existence ofnation, and its subject is the nation and various government agencies and itsresponsible officials that is authorized by the constitution and the law to manage thenational affairs. According to the nature and source of administrative power, it has aseries if attributes and characteristics ought, such as publicity, democracy, openness,the rule of law. But in the actual operation of administrative power, because of thefactors such as the features of administrative power and the defect of regulations andadministrative culture and so on, administrative power depart from the originalfeatures and targets to maintain public interest, and run out of the original given track,and authorities do not scruple sacrifice the public interest in order to reap individualor small groups benefits, and resulting in a series phenomenon of administrativepower alienation such as administrative ultra vires, abuse of power, right above thelaw and so on. This not only hinders the effective realization of the administrativeobjectives, and has a significant negative impact on the socialist rule of law and socialtrends. Therefore, people began to explore the effective measures for prevention andtreatment of alienation of administrative power from different angles.In the research on prevention and treatment of alienation of administrative power,democratic administration is an important alternative path. The democraticadministration is put forward in the “new public administration movement”. Americanscholar Vincent A.Ostrom suggested that “the democratic administration is a kind ofinstitutional arrangement in which diverse, complex and overlapping decision-makingbody use market mechanism in public decision-making”. In late twentieth Century,the democratic administration theory developed to become the mainstream valueconcept in the public administration theories and it has been widely recognized. Thedemocratic administration which has a close relationship with the concept ofdemocracy, democratic politics, democratic governance apply the concept ofdemocracy, institution, system in the political sphere to administrative managementsphere, and democratic administration is gradually accepted by the world. Democraticadministration advocates ideals such as fairness, openness, democracy and freedomand emphasize the government’s openness and transparency of the administrative activities that citizens should be involved in the administrative activities of broad andits effective supervision and regulation. We should strengthen the democraticadministrative concept to cultivate the internal driving force which is helpful toprevent administrative power from alienation and construct the external pressure ofmultiple power restriction mechanism and strengthen administrative power fromalienation to regression, and the establishment of open and power distribution system.