Research On Legalization Of Administrative Supply

Government of the countries have been transformed or are transforming from the traditional "power model" to "service model". Administrative supply has been not only a power, but also a responsibility of the administrative organs. With the enhancing comprehensive national strength and the improvement of living standards, the extension of administrative supply has been gradually expanding,which is no longer limited to traditional material help, basically covers all aspects of life needs. On the one hand, as a beneficial administrative act, administrative supply plays an important role in the protection of the public's right to survival and development as well as the secondary distribution of social interests, narrowing the gap between rich and poor and realizing fair. But on the other hand, administrative supply may become the means of "power rent-seeking".As a kind of formal administrative act, administrative supply generally develops relatively late in China, in theory, because the status of administrative supply is far less other administrative activities in China,such as administrative punishment, administrative licensing, administrative enforcement, and the theory research is also very weak; In the legislation, there is no unified administrative supply legislation in China.The basis of the power of administrative supply is often some lower level laws, regulations and even normative documents.The procedure of administrative supply is not yet mature.There are also many problems in the supervision and remedy mechanism of administrative supply; On specific administrative practice, the lack of laws and institutions directly lead to too much randomness administrative supply there, abuse power for personal gains, and many other problems. In a word,compared with administrative punishment, administrative licensing and administrative enforcement, the legalization degree of administrative supply is still very low. Under the background of promoting the rule of law and building a government ruled by law, it is the trend of the times to speed up the process of administrative supply.In this paper, we use the method of comparative study and empirical research, and make a more comprehensive analysis and outlook on the rule of law of China's administrative supply.This paper argues that, to promote the proceeding of the legalization of administrative supply need from three aspects:On the basis of the power of administrative supply, the general <administration supply law>should be drawn up,and work together with the existing administrative payment rules,regulations and normative documents, and on the basis of strictly abide by the principle of law reserve; On procedural,we should improve the administrative procedure legislation, improve the administrative supply procedures setting; on supervision,we should set out from two aspects of social supervision and judicial supervision at the same time to build the administrative supervision system.