Research On The Legal System Of Administrative Subsidy

Along with the change of government from "management government" to "service government",administrative subsidies promoting people’s welfare have played a great role in the social development in our country.At present,subsidy is more than economic law,competition law and other fields to discuss,but it is not only an economic term,should not be limited to the field of economic law to regulate.The innovation of this thesis is to expand the legal system of administrative subsidies from the perspective of administrative law research on administrative subsidies.Because administrative subsidies not only affect the fair competition of the economic market,but also affect the social welfare and the efficiency of administrative management,it is not comprehensive enough to regulate administrative subsidies only by economic law,so it is more reasonable to study administrative subsidies from the perspective of administrative law.On the basis of clarifying the nature of administrative subsidy and summarizing the applicable principles of administrative subsidy into the principle of legal reservation,proportionality and procedural due process,this thesis holds that administrative subsidy refers to the administrative behavior in which the administrative subject provides material support for the private subject free of charge under the guidance of relevant policies in order to realize the public purpose.The current provisions on administrative subsidies mostly exist in the form of single law,lack of specialized legal norms of administrative subsidies,and have not yet formed a relatively complete legal system of administrative subsidies.Therefore,local governments have greater discretion in the formulation of administrative subsidies,and local governments have greater operating space in the implementation of administrative subsidies,so administrative organs have the possibility of rent-seeking activities.In terms of the problems existing in the construction of administrative subsidy system,this thesis mainly starts from three aspects: the content of administrative subsidy,the procedure of administrative subsidy and improper use of funds.First of all,the unreasonable content of administrative subsidies is reflected in the wide range of subsidy objects and the difference of subsidy standards.The high generality of the standard of administrative subsidy and the discretion of local administrative organs are the reasons that lead to the unreasonable content of administrative subsidy.In order to solve the problem of too wide range of subsidy objects,we must clarify the statutory subsidy objects and further limit the abuse of administrative discretion.The reasonable determination of subsidy standards needs to be oriented towards the purpose of subsidies.It is forbidden to change subsidy standards at will and to strengthen the examination and identification of specific subsidy standards.Secondly,there are many types of administrative subsidy projects and the reality is complex and changeable,so it may not be possible to achieve the purpose of administrative subsidy by relying only on the administrative subsidy standard.Through the procedure of administrative subsidy,the arbitrariness of administrative subsidy behavior can be overcome,the accurate implementation of the standard of administrative subsidy can be guaranteed,and the perfection of the legal system of administrative subsidy can be promoted.This thesis focuses on the decision-making procedure of administrative subsidy and the exit procedure of administrative subsidy.The improvement of the subsidy decision-making procedure is discussed from the two aspects of making a legal and compliant decision plan and making a decision through collective discussion,while the administrative subsidy withdrawal procedure highlights the following three contents: the early listening procedure,professional evaluation and the reason after the withdrawal decision is made.Subsidy decision procedure and subsidy withdrawal procedure are two important thresholds of administrative subsidy and play an important role in regulating administrative subsidy.Finally,administrative subsidy is the secondary distribution of social wealth,and regulating the management of administrative subsidy funds is the top priority of the legal system of administrative subsidy.The reason for the improper use of administrative subsidy funds lies in the lack of budget management and effective supervision of subsidy funds.Therefore,through the establishment of a sound subsidy budget system to rationally allocate subsidy funds,the whole process of monitoring the allocation,management and use of subsidy funds,and then optimize the use of subsidy funds.In addition,the effective supervision of subsidy funds should be realized by strengthening the budgetary supervision of subsidy funds and ensuring the timeliness,adequacy and accessibility of subsidy information disclosure.Administrative subsidy is an important means to improve the governance efficiency of the government in the new era.While promoting the governance of corruption,we should adopt a standardized legislative system of administrative subsidy,a well-run subsidy procedure,a systematic subsidy budget mechanism,and a scientific subsidy standard to reduce the space of various rent-seeking activities,form a benign development of administrative subsidy environment,and fully protect the public interests.Enhance the happiness of the whole society.