Study On The Implement Effect Of Administrative Law

The history of administrative law from 1978 till now focused on construsting legal system.On the past 30 years,we've set up and enacted several codes or regulations,such as , ,,< Administrative Permission Law>.Those administrative laws are of great positive meaning both to give impetus to Chinese democratic and legal process,and to protect citizens' legitimate rights.However,the implement effect of those laws is not good enough.The phnomony of "deficit of law" occurs in some of those administrative laws.Through analyzing the implement effect of administrative law,this thesis tries to find out the reasons why such "deficit of law" occurs,in order to give a new perspective to the therotical reaserch and system constructing of administrative law.This thesis develops analyse around such clue:legislators, governments,administrative Counterparts,courts,citizens,and special people in the implement of administrative law.The whole thesis includes an introduction and text.The introduction part mainly introduces the reaserch value and actual meaning of this thesis, and provides the train of reaserch,the basic hypothesis and reaserch meanses on the summary of exsting relevant reaserches.The text of this thesis includes eight chapters.Chapter One is "Achievements and Difficulty ".It introduces the great achievements and difficulty of administrative legal system construction of 30years.Chapter Two is"The Interests Pursuit and Behavior Choice of Legislators".Through introducing the main interests legislators focus on and analyzing the leading role of government in system construction,it finds out the reasons of why legistalors enacted those systems.Chapter Three is "The Interests Pursuit and Behavior Choice of government".It analyzes the quantification index examination which higher-level governments use to value the work of lower-level governments is the main reasons why the implement of Administrative Proceeding law and State Compensation Law meets difficulty.Meanwhile,the economy pursuit of government wound probably lead to the develop economy at the cost of the value of rule of law.Chapter Four is "The Interests Pursuit and Behavior Choice of Counterparts".It devides Counterparts into two kinds:Counterparts of cooperative relation with governments,Counterparts of incooperative relation with governments.The former faces the circumstance of high benefits and low costs of offending law,while the latter faces the circumstance of high costs of obeying law.Chapter Five is "The Interests Pursuit and Behavior Choice of Courts".It analyzes the marginalizing station of courts and courts' dependent on government.Under such circumstance,courts face the delemer between faie justice and protecting governments interests.Chapter Six is "the position and charictors of citizens and the implement of administrative law".Citizens are in an inferior position on both the possession and distribution means of wealth comparing with governments.Meanwhile,the charictors of citizens and traditional culture hinder the implement of administrative law to some extent.Chapter Seven is "special people in the implement of administrative law".It mainly discusses three kinds of special people:intellectuals, lawyers and medias.Chapter Eight is "conclusion".From above analyses,the thesis draws the conclusion that the interests and choices of behavioral agents become the law in action,which is the main reason why "deficit of law" exists. Another conclusion is that the effect of controlling powers only through law is very limited.Law itself can't be the final carriers of controlling powers.