Administrative Law Of The Human Dimension

The humanism has gradually been absorbed by the law and the research of the science of the law since last century. And it develops more and more quickly. However, since the administrative law grows as the independent science, the humane spirit research in it has become the quite hot problem. In the new period, such spirit has been given the new meaning.In this thesis, the humane spirit is been first introduced from the history of the Western countries, such as its main theory forms in the ancient Greek, Renaissance and the period of enlightenment. Then it explains the traditional China humane spirit: that is human is much more important than the gods, the common people are more significant than the empire. On this basis, the differences between these two are clear appeared. The defects in the traditional China spirits are analyzed in a though way. At the same time I elaborate the reasons why the western humane spirit facilitates the ruling by law while in China ruling by the human.The humane spirit of the administrative law which has been popular in the world in the 19 century is introduced in detail and analyzed, such as controlling power theory, managing theory and balancing theory. Furthermore, its new meaning in the new period is also interpreted. I think the main content of it is serving and cooperating, trusting and communicating, equality and freedom. Then I expound the citizen should take part in the ecological civilization in the administrative legislation, the serving and cooperation in the administrative enforcement, the introduction of ADR form in the administrative relief and judiciary relief.The main meaning in three hierarchy of "human being" in the administrative law is firstly put out in this thesis: the independent individual, every member from the sense of society and the human being as the part of whole ecological circle. On this basis, the equality between the human being and other species, between the contemporary and the offspring is regarded as an index of the equal conception of the humane spirit and endures its new meaning at the same time.The thesis includes three parts: introduction, main body and conclusion. It analyzes the humane spirit historically and theoretically and elaborates the defects of traditional Chinese...