The Research Of Self-restraint In Administration From The Perspective Of The Rule Of Law Government

Self-restraint in administration theory is the inheritance and innovation of traditional theory of administrative law, and a newly emerging theory of administration power control. Self-restraint in administration theory mainly refers to the executive by the constraints of their own and controls the implementation of legal and reasonable administrative action, so as to achieve the purpose of serving the administrative counterpart. Traditional administrative law theory of executive power control is mainly dependent on external control body, including the legislature, the judiciary and the supervision of citizens, this control mechanism is important but there exit some inherent limitations, it is difficult to adapt to the increasingly complex administrative affairs and gradually updated administration concept. Furthermore, the main content of external regulation approach is to establish the boundaries of executive power. It is a kind of restrictions on the operation of administrative boundaries, but the inner parts of the boundaries are unable to penetrate. So we should combine the external controlling mechanisms and the self-restraint in administration, with their combined action, we can achieve the rule of law, good governance and service-oriented government targets.The preface of the article explained the origin of the study, research status, and the value of research, research methods, main ideas and innovations. The first chapter set forth the meaning of the self-restraint in administration and introduced the origin of self-restraint in administration, and fully recognition it through the analysis of its value. The second chapter describes the theoretical basis of the self-restraint in administration. As a new controller mode, the self-restraint in administration produce have a solid theoretical basis when it was proposed,mainly in constitutional theory, administrative theory and the theory of traditional Chinese culture. The theoretical basis of the Constitution is mainly reflected in the power constraints and protection of civil rights; the theoretical basis of administrative law including the chief of good governance theory and "controller- Service Theory"; self-restraint heritage and moral foundations of the traditional culture constitute the traditional cultural theoretical basis of self-restraint in administration. The third chapter describes several major practical mechanisms of the self-restraint in administration: self-evaluation of administration law system, administration decentralization internal legal system, the right inventory system. Executive have open horizons to implement self-restraint in administration, putting theory into practice and continually optimized,to fully demonstrate the feasibility of self-restraint in administration. The fourth chapter discusses the limitations of self-restraint in administration and how to improve it。Finally, the article summarizes the main basic ideas: the development of modern administration prompted the government to have a significant change in terms of the administrative body, Administration philosophy, etc. Changes in these areas provide a broad space for the development and implementation of self-restraint in administration theory. And self-restraint in administration theory emphasizes external control mechanism, while also concerned about the internal homemade executive. So, we can promote the construction process of the harmonious and legal society by internal homemade and external controller function together.