The Research On The Legislation Of Administrative Supply

Administrative supply,as an important system of administrative act,embodies modern ministrant administration. It is an act that administrative body realizes its administrative purpose by granting some rights to citizens and organizations. Since the basic living allowances system for urban residents carried out, the reform of administrative supply system of our country has made significant progress,but there are still many problems existing,such as districts polarization and rural-urban differences due to various causes,among which the legislative lag is one of the important restraining factors. Currently,the legislation of administrative supply is decentralized,lacking uniformity. Moreover,the regulations about the procedure of administrative supply in lots of laws are missing,which is an impediment to administrative supply system development. The research on the legislation of administrative supply can preferably regulate administrative supply in substance and procedure. It shall not only regulate both the power of administrative body and the rights of the other party,but also be helpful to realize the standardization and constitutionality of administrative supply as well as the development of administrative supply practice.This paper mainly researches the legislation of administrative supply from the substantive and procedural aspects by the methods of value analysis,comparative analysis and literature analysis. In particular,the author firstly redefines the concept by discussing the intension and extension of administrative supply. That is, the administrative body grants some material rights or substance-related rights to to citizens and organizations based on the purpose of protecting its right of survival and development. The administrative supply has the characteristics of benefit-granting,subsidiary,material and no-mandatory,as an typical benefit-granting administrative act. At the same time,according to the different foundation of the rights,the administrative supply is divided into the indemnificatory administrative supply and developmental administrative supply.Second,the author analyses the reality and problems existing in modern legislation of administrative supply. Currently, the legislation of administrative supply is decentralized,lacking uniformity,the efficacy according to law is low,and it stresses the substance and neglects the procedure,these lead to the lack of protection of the rights of the other party. Then,on the basis to explore the legislative model on service administration of foreigh countries,the author puts forward the legislative model from the aspects of the characteristics and reality of administrative legal system of our country,legislative content and cost. That is,To create a unified law as the basic law on administrative supply to systematically regulate the administrative act.The author puts forward the concrete presumption about the legislation of administrative supply of our country in the end of this paper. It involves legislative purpose,legislative principles,the creating,the procedure and the supervision of administrative supply. The legislative purpose is regulating the setting and implement of administrative supply, protecting the legal rights of citizens, legal persons and organizations and maintaining the public interests and the social order. The legislative principles should follow the principle of subsidiary,the principle of equality,the principle of proportionality and the principle of reliance protection. On the setting of administrative supply,it shall apply to the principle of legal reservation. But we should grant the creativity and flexibility of administrative body on the basis of the benefit-granting of administrative supply,so the range which administrative supply apply to the principle of legal reservation should be necessary and reasonable. In procedure aspects,we should pay attention to the independent value of procedure,value the procedure regulation of administrative supply, reasonably design the simple procedure and the general procedure of administrative supply, and regulate the system construction of the procedure of administrative supply,including information disclosure system,reason-giving system and hearing system. At last,It should perfect the supervision mechanisms of administrative supply from the supervisory function of People’s Congress,administrative agencies and public opinion. The innovation of this paper is redefining the concept of administrative supply by discussing the intension and extension of administrative supply with the development of administrative supply practice. In addition,On the setting of administrative supply,the author thinks that administrative supply is an typical benefit-granting administrative act. We should grant the creativity and flexibility of administrative body,so the range which administrative supply apply to the principle of legal reservation should be necessary and reasonable. According the type division,the indemnificatory administrative supply applies to the principle of legal reservation,and the developmental administrative supply doesn’t apply to the principle of legal reservation.