A Research On The Principle Of Prohibition Of Improper Connection In Administrative Law

Every legal provision has a specific purpose, the government' action should conform to this purpose. If the administrative body use this administrative action stipulating in law to achieve a purpose that causes the counterparts to perform a improper connected payment. The function of this principle is to regulate administrative power. it has already been established as a general legal principles of administrative law in Taiwan, China. In China's mainland, not only the field of administration law paid lately and lightly attention to the principle of improper connection forbidden, but also no relevant legislation. However, the improper connections phenomenon in mainland China' administrative law practice is very usual. And under the current administrative framework, there is no regime can solve the problem effectively. Therefore, introducing the principle into our administrative law and establishing appropriate available mechanisms can effectively solve the problem, thus guaranteeing the administrative power using properly.This paper can be divided into five parts:In the introduction part, this paper illustrates the significant and methods of this subject, and also the research status.The first part, explaining the concept of the principle of improper connection forbidden. In current theory, there are four methods to reveal the connotation of legal principles. In legislation, the principle mainly showed in two areas, which are administrative contracts and additional clauses of administrative actions. In theory, there are different angles and explain to its connotation.The second part, discussing the identification of the principle. Inherent and essential association identification is the basic method to identify improper connection. The key point is to determine whether the payments of citizen have connections with the administrative action.The third part, the classification of this principle. According to different criteria, this principle can be divided into different categories. The most typical classification is under the criteria of pattern of manifestation.The fourth part, illustrating the position of this principle. compared with other relevant principles, the principle has a different concept and unique functions.The fifth part, introducing the application of this principle. Changing the principle into provisions contributes to a better function.