The Research On The Introduction Of Special Power Relation Theory To Chinese Administrative Law

The special power relation refers to a relation where on one hand,a specific subject enjoys the general right of command force for a counterpart based on special reasons(legal provisions,voluntary join of the counterpart and the occurrence of special fact)within a certain limit in a specific field so as to accomplish the purpose of public administration;on the other hand,the counterpart bears the liability of special obedience.This theory originated from Germany in the nineteenth century which had significant impact on the administrative laws of Germany,Japan and Taiwan Region in China.However,with the development of the concept of rule of law and human rights,the application range of this theory has gradually reduced and the core connotation has been modified.This thesis introduces and analyzes the concept,and feature of special power relationship.The generation,deficiencies and process of development and modification are recited as well to comprehensively introduce special power relationship theory.In addition,the thesis lays great emphasis on the analysis of the relationship between this theory and administrative laws in China.Through in-depth analysis on relevant expositions of some scholars and juridical practice in China,the author believes that the administrative legislation and administrative judicature haven't been influence by special power relationship theory.However,there are a large number of systems in conjunction with the above-mentioned theory in China and some issues without theoretical basis in these fields still exist.Hence,The author suggests that China should draw on the experience of the modified special power relationship theory,and puts forward such introduction principles as "proceed in an orderly way and advance step by step","easy first and difficult later" and "combination of theory and practice" etc.as well as specific reference solutions.It is expected to provide fundamentals and basis for relevant systems in China and make use of this theory to tackle with the regulation-related issues,which conform to the development trends of rule of law and administration by law.