Western Mode Of Controlling The Administrative Authority And Its Implications For China

The basic meaning of the traditional administrative theory based on Montesquieu separation of powers, making it become the basic theme of the study. However, the capitalist ideology and social modernization development the objective, and these external factors of the internal execution, the result of the interaction of the administrative experience more than 200 years of history stretches of the expansion. All in all, limit the right model to the licensing model the shift back to the process of decentralization.Limit the right of freedom of the capitalist mode to the background, the limitation of government power demands of sovereignty in the people-based"separation of powers", the logic derived"restrict the power of power mode", the right of the traditional administrative control. For example, the first, controlling mainly between the national authorities; the second, it is a kind of public power control mechanism; the third, it is a solid control mechanism. Authorized by the welfare state under the mode of social law as the background. For example, the first, social control of power and administrative control mechanism; the second, the public law and the social control mechanism; the third, both entity and process control mechanisms. Administrative decentralization mode for public pipe with a new theory. For example, the first, Social control both power and administrative control; the second, both control and private control of public law; the third, Physical controls and procedures and the democratic control of both.Learn from Western theories, administrative law in our country the legal control, to follow this model: The first, still be followed in order to restrict the power of power mode controller based; Should still follow the legal control of the entity controlling model-based; the second, should still follow the legal control of the entity controlling model-based; the third, should still follow the law controlling the main controller of social law and private secondary modes of power control; The fourth, Still must adhere to the strict control of the proceedings the right model.