The Theory On The Legal Regulation Of Administrative Power

Since the reform and opening up,China has made great economic achievements,but in recent years,with the continuous expansion of the administrative power,abuse of administrative power caused by the negative effect gradually show in front of the public.Some senior government officials corrupt practices,people dumbfounded.Administrative power is an important force to safeguard the national interests and protect the rights of citizens.The operation of administrative power should not exceed the legal limit,which requires the operation of administrative power into the legal system.This paper from the reality of China's national conditions of reveals the present situation of our country's administrative power operation and problems,such as the alienation of administrative power,officials corruption prone,human rights such as vulnerable.In this paper,we introduce the administrative power of the main problems in the operation of our country,for the analysis of the cause of the regime of power alienation looking for the breakthrough point.From the three aspects of analysis of the alienation of administrative power of reasons.One is the crisis of the legitimacy of the administrative power,the supervision of the National People's Congress of administrative power lack of specific operational;second,executive power is too concentrated,the judiciary of administrative power restriction mechanism is not perfect;the third is the social supervision is weak,failed to form independent supervision force.Finally,this paper puts forward from strengthening the people's democracy,improve the allocation of power,strengthen the judicial review,strengthen the social supervision in four aspects,to promote the legalization of administrative power operation.Administrative power itself does not necessarily cause damage,but the operation of administrative power inevitably exceeds the limit.China is a big country,but there is still a long distance from the world power,in this process,the operation of the administrative power can not be the law of the "power".