On The Quest Of The Treatment Mechanism Of The Dispute On The Limits Of Administrative-Authority In The WTO Constitutional Mode

Limits of administrative authority is the division of powers within a country's administrative setup.Currently,our Administrative Organic Law is not perfect,unable to make elaborate provisions for function partitioning among administrative organs,lack of clear regulations on the scope of administrative power and the relationship between central and local government,which results in the continuous disputes on the limits of authority among the administrative organs.Not only does it cause instability in internal administrative system and impairs authority and efficiency of exercising administrative power,but also makes against protecting administrative counterparts and public legal advantages.In the view of the current treatment mechanism of the disputes on the limits of administrative authority in our country,the regulations only can be seen in the specific legal documents,lack of institutionalization and standardization,which is not good for settling these disputes.Additionally, there are some problems in the way of settling such disputes in the current internal administrative system.The first one is a lack of protection to administrative counterparts.The second is low efficiency in administration. The third is obstructing the smoothness of the administrative trials.The fourth is difficulty in suppressing the interests of department at a maximum. The international organizations with WTO as the representative have transcended Westphalia absolute statism,making WTO Agreement the constitution of world trade.The state of generic sovereignty is in the making,which means in a sense,similar to domestic law,the idea and institution of constitutionalism is developing in the range of one's sovereignty.WTO and its regulations give expression to the general idea of modern constitutionalism,which to its members connotatively raises the requirement of basic modern constitutionalism.It has a great potential influence on the ongoing constitutional reform in China.To the reform of administrative law as an important link in our constitutional reform,how to improve the treatment mechanism of the disputes on the limits of administrative authority to duly and effectively settle such disputes and raise the efficiency of administration to adapt to the legal system environment required by WTO is very paramount.This thesis begins with the current situation of the dispute on the limits of administrative authority in our country,then combining with WTO constitutional mode and the basic theory of such disputes,analyzes the coming reform of treatment mechanism of the dispute on the limits of administrative authority,and at the end proposes the design of this treatment mechanism.