Of multi-dimensional perspective from the concept of contract to establish the legitimacy of the administrative law
Paper Keywords: administrative law concept of contract of democratic administration
Paper Abstract: The effective functioning of the executive power
is the means and all the non-power means of flexible, integrated
application, it requires a comprehensive variety of administrative concepts and legal concepts for their support. Compact as a means of more as a concept, its strong penetration increasingly evident, not only in the political, economic, social and many other areas of dazzling, but also in administrative activities, also showed its unique charm. The introduction of the concept of contract in China's administrative law, will not only
have extensive administrative means to promote the democratization process in the administration of practical significance, but also has a theoretical ground-breaking, with the change of concept.
Today, the administration is no longer a single color picture, but colorful; in the road leading to safeguard people's rights, the administration indicated on the pictures is not just a way to power, it is displayed in front of more than one road. The effective functioning of the
executive power is the means and all the non-power tools (mainly
contractual means), a flexible, integrated application, it requires a comprehensive variety of administrative concepts and legal concepts for their support. Compact as a means of more as a concept, its strong
penetration increasingly evident, not only in the political, economic, social and many other areas of dazzling, but also in administrative activities, also showed its unique charm, combined with the administration, the more to more closely. Concept of contract in China in
the introduction of administrative law, administrative law scholars in China should be taken seriously and discussed the major issues. This subject will not only have extensive administrative means, to promote the democratization process in the administration of practical significance, but also has a theoretical ground-breaking, with the change of concept.
Concept of contract to establish the significance of
Concept of Contract and modern administrative concepts are not
heterogeneous but homogeneous, not conflicting, but can integration. Modern administration, is the democratization of management, between government and citizens is the fruitful cooperation is an effective public services and government law and human rights respected. The pursuit of
modern administration is 'good governance' (good governance), while the 'good governance' is the essence of government and citizens in public life, co-management is to achieve the best interests of both sides.
Contains the concept of contract was to respect the right personality, an independent subject of human recognition of the interdependence of
recognition, which focuses on equality and mutual benefit and reciprocity, mutual cooperation and consensual, agreed to the price of notions such as
honesty Promise. Can be seen, both in terms of quality that has identity. This identity, in order to establish the possibility of a combination of both.
Established in the administrative law concept of contract is to
improve administrative efficiency, to make up the executive power means lack of management, extensive administrative form of a contract means to guide the spirit of contract administrative activities. Contractual and administrative integration of the characteristics of modern
administration; concept of contract with the 'effective administration' meet the requirements, and the modern countries in the world of the administrative reform and 'good governance' concept is the same. Concept of contract establishment, that is, the modern concept of contract
administration concepts and combine. Combination of the two is based on the length of contracts to make up traditional administrative weaknesses and adapt to modern administrative needs. As the concept of contract and
the modern administrative concepts homogeneous, and their combination will bear abundant fruit, so that administration to achieve the Government and the people are satisfied with results. The establishment of contractual concepts, not only has a positive effect on the administration, but also on the administrative law have far-reaching significance: on the one hand,
due to contracts with a convenient and easily accepted feature, which allows the executive is the administrative law norms through contract
approach can be widely publicized, so that administrative laws and regulations specific, and the Chief counterpart commitments; the other hand, contracts in the application of administrative law, it is not only a means of significance, it will help a deep concept of contract implanted
into administrative law. Has the contractual nature of the concept of equality of rights concept, the concept of free will (or voluntary concepts), obligations, the notion of responsibility, honesty and sense of credit, as well as the concept of legal constraints and so on, once to take root in the administrative field of administrative law of the human spirit will be more rich and has a charm, will have gained administrative access to the flourishing and development.
Thus, the concept of contract is established, not so much a means of borrowing, as it is the management and institutional revolution, it will lead to the legal system and the concept of change. As a result, we should not only implied in the concept of contract and have a deep
understanding of modern administration has a clear grasp and understanding, but also for such legal and cultural attitudes do change on a theoretical preparation.
Concept of contract to establish a legitimate reason for
Administrative needs of contract idea, that they are indeed legitimate and sufficient reason, these reasons are mainly from the following.
(A) the limitations of the means of power
Traditional administrative, that is only a means for the executive
powers on the executive, it emphasizes the executive to the citizens of domination, an executive of the main side of the unilateral will of nature, emphasizing the mandatory administrative acts, but the will of the citizens has not been sufficient attention . If, however, depends only on the means of power or authority under the concept of engaging in
administrative activities, at least some limitations or disadvantages of the following:
1. And contrary to the underlying spirit of modern administration.
Modern administration is a democratic administration,
participation in administration, procedural emphasis on civic participation in the administration and its increasingly high degree of democratization. In such an era of democracy, if only to take power
approach to decision-making or administrative decisions, it contrary to the democratic administration, but also with the Government's role and responsibilities of the violation. It deprived the administrative relative of one's own affairs, say the relative who did not respect the executive the right to participate, so do not feel the administrative counterpart of the real existence of their democratic rights, it will not only reduce the administrative activities of the democratic quality and administrative
quality, but also to make administrative decisions in people's minds to lose their proper authority, acceptance and support.
At the same time, the power-oriented executive with the co-
administration, services, goes against the thrust of the administration. Modern administration, not the authoritarian executive, the executive power, but co-administration, service administration. People not only dependent on the executive, the executive is more dependent on the people.
The relationship between the government and the people, the government can not do without the people, left the people then the Government would no longer be 'people's government'. The Government and people of both independent and dependent upon a partnership, are friends not enemies.
Therefore, the effect of administration depends on the administrative body and administrative counterpart of the relationship, it depends on the administrative counterpart of the cooperation and support. At the same time, the Chief's mission is to serve the people, serve the public good. The executive is not a lofty bureaucratic bureaucratic, not above the people on the authoritarian machine, the relationship between them is not to deprive and blackmail 'oil-water' relationship (profiting from the
people at), but the solidarity of 'fish and water' the relationship between . The executive authorities should be the people's service, it should straighten out their own position and role, service to the people, not by virtue of the power to suppress or even looting was the manager.
On the other hand, the power in administration may lead to arbitrariness of personal despotism. China's administrative organs at all levels to implement the 'head responsibility system'. Despite the emphasis
on the principle of democratic centralism, but in fact the executive power tend to be concentrated on the head of one, almost all decisions are from head of one person. If his personal qualities, knowledge and leadership skills to their positions do not match, then the leader will not only lead to arbitrary individual, so that the executive body of the organization are violated, but also against the rights of citizens and the public interest.
2. Increase the administrative costs and reducing administrative
Mainly or entirely on executive power means to achieve
administrative purposes, they are bound to expand the administrative organization and personnel, increase the corresponding physical device or means, and subject to 'strengthen law enforcement efforts'. If the parties do not perform administrative obligations or not from a little on the use
of power tools, will inevitably increase the administrative costs, but also reduces the administrative efficiency and performance. If at every
turn by virtue of the power tools, administrative counterpart 'cold, horizontal, hard, red', 'do not explain, do not tell', mechanical law enforcement, simple and rude, the parties will certainly be a greater resistance; while in order to enhance the so-called administrative
management effects, the executive could only continue to seek even greater power, the cost of growing and sometimes temporary effect may be played, but in the long run, as if through the use of opium to cure the same
efficiency would be getting lower and lower, the result would be counter-
productive, forming a vicious cycle of cost-inefficient. Administrative
organs may order that citizens have from time to obey; administrative authorities can use enforcement tools, citizens can also be resisted.
Citizens of non-voluntary action to achieve the objectives of the
executive administrative obstacles, so that greatly reduced the effectiveness of the administration.
3. Likely to breed hostility or not law-abiding consciousness.