On The Principle Of Self-Restraint In Administrative Law

With the maturing of law society, the law as the adjustment of the role of modern social relations is more and more obvious. On the one hand,the law has been fully embodied in the citizens and the rights of citizens can be maintained and relief. On the other hand, the law will be more fully reflected in the administrative organs and their staff. Administrative organs and their staff not only have the powers conferred by law to exercise administrative power, and is more to fulfill the obligations of its legal duties. Therefore, it’s a great necessity to raise it as a basic principle of administrative law, focusing on the principle of self-administration from the executive power source regulation of executive power.Since 2008, Professor Cui Zhuolan who was the representative of the administrative law scholars began to focus on "administrative homemade" research in this area, and strived to explore the meaning of self-administration, the theoretical basis, the possibility and necessity of analysis, construction of institutional mechanisms, etc. It should be said that the breadth and depth of research has reached a deeper level,However,it is the first time to propose the basic principle of administrative law as a basic principle of administrative law,Based on the research status at home and abroad on the theory of self-administration, it has the in-depth analysis and generalization, combined with the definition and content of the basic principles of administrative law, and the establishment of standard features. By using the methods of literature, qualitative analysis and value analysis, it investigates the connotation and extension of administrative homemade. The necessity and theoretical basis of the principle of administrative homemade principle are analyzed and discussed. It analyzes the basic principles of administrative law as the administrative homemade principle which should be included in the content, namely administrative good governance, administrative control and administrative correction. As a basic principle of administrative law, this article details the concrete form and structure of the principle of administrative homemade, putting forward the main form of "three dimensional homemade" and the main structure of "three layers of homemade". Finally, this paper focuses on the administrative homemade practical principles to reflect on the use, respectively from the four aspects of administrative subject, administrative behavior, administrative procedure, administrative remedies, such as were research path, in order to administrative practice to provide useful guidance.Research paper is divided into four main parts. The first part is to introduce the principle of self-administration on the subject of questions raised, status, significance and value, as well as research methods text, focusing on the issue of administrative homemade and research significance. The second part details the basic principles of the theory of administrative homemade, which is the focus of the content of the article. First of all,it defines the connotation of administrative homemade, compares and analyzes the similar concept. Secondly, it describes the basic principles of administrative law, to become the characteristics of the basic principles of administrative law and the establishment of standard analyses. Then, the paper analyzes the theory of administrative homemade why it should "in principle" and thus put forward the principle of administrative homemade, discussing the necessity and theoretical basis in detail. The third part focuses on the principle of administrative self-control, focusing on the content, form and structure. In the fourth part, the paper puts forward the practical theory of the principle of administrative homemade, which is discussed from four dimensions of administrative subject, administrative action, administrative procedure and administrative relief.