Study On The Legal System Of Administrative Subject For The Overall Arrangement Of Party And Government Institutions

The overall arrangement of party and government institutions is an important reform measure of the reform of party and state institutions.In the course of reform,we need to uphold the leadership of the party,adhere to the principles of optimization,coordination and efficiency,and form a functional system of party and state organs with efficient operation,clear division of labor,scientific allocation of resources and unified powers and responsibilities,so as to improve and upgrade China's governance capacity.However,the overall arrangement of party and government institutions has a serious impact on the current legal system of administrative subject.Specifically speaking,administrative law has brought huge impact to the administrative law system based on the theory of "administrative subject".As an important concept of China's administrative law,the academia has determined that the most important factors in"administrative subject" are whether it has administrative authority,whether it can independently exercise its authority,and whether it can independently assume responsibility.The theory of administrative subject is applied in three parts:administrative organization law,administrative behavior law and administrative relief law.After the overall planning and establishment of party and government organs,the theory of "administrative office",the core of the concept of the organ of administrative function law,and the concept of the organ of distributive nature of affairs cannot be used to determine the nature of the exercise of administrative power by party organs,and the norms of the organizational law cannot include it as the object of regulation.If the party institutions illegally infringe the legitimate rights and interests of the administrative counterparts when exercising the administrative power,according to the provisions of the administrative behavior law,their behaviors are not "administrative ACTS" in the sense of the administrative behavior law.Neither the theory of the concept of administrative review nor the legislative purposes nor the scope of application of the administrative review law take the exercise of administrative power by party organs as the standard object,resulting in that administrative counterparts cannot safeguard their legitimate rights and interests by means of administrative review.In addition,the administrative procedure law does not include the party organ exercising administrative power in the qualification of defendant in administrative litigation,and the cases in which disputes occur with administrative counterparts do not belong to the scope of accepting cases in administrative litigation.After the overall planning and establishment of the party and government organs,the party organs can not find the subjects and types of the state indemnity liability in the state indemnity law.After the merger of party and government organizations,it is necessary to clarify how to investigate the responsibility of internal individual discipline violation.Therefore,after the overall arrangement of the party and government institutions,the legal system of China's administrative subject is in urgent need of modification and reconstruction.After the party and government organizations are set up as a whole,it is urgent to optimize the administrative subject system.First,the theory of "administrative subject"and its concept of "administrative organ" are adjusted and optimized,mainly including the adjustment and optimization of the theory of "administrative subject",and the party organ exercising the executive power is determined as the administrative subject.Based on the core theory of "the office of the chief executive" and the concept of the distributive organ of affairs,this paper aims to solve the theoretical dilemma of the exercise of administrative power by the party institutions.Secondly,expand and modify the scope of administrative ACTS in the current administrative behavior law,and determine that some of the ACTS made by the party organs exercising administrative power are administrative ACTS and modify the expression of "administrative organs" in the administrative behavior law.Finally,the administrative relief system should be improved in the following three aspects:first,the concept of administrative review should be reconstructed,and the legislative purposes and application scope of administrative review law should be broadened.Second,based on the theory of "the interest of litigation",the behavior of the party institutions is accepted as the scope of administrative litigation.Based on the purpose of protecting the legitimate rights and interests of administrative counterparts,it is determined that the party organs exercising administrative power are qualified as defendants in administrative litigation.Thirdly,it is the party's disciplinary responsibility to confirm that the party is liable for the fault.Article 66 of the administrative procedure law and article 16 of the state compensation law,which stipulate the responsibility of internal individual discipline violation,need to be amended after the combined establishment of party and government organs.To provide legal and theoretical institutional guarantee for the smooth development of the overall planning and establishment of party and government institutions.