On Balancing Of Interests In The Administrative Law

With the deepening development of social change and the socialist market economy andthe interests of the Chinese community structure and resource allocation system inprogress is a huge change. However, when the traditional concept of social and publicinterests above all the "hidden rules" rampant, personal interests will inevitably oftensubject to varying degrees of damage, the imbalance between the interests of differentsocial interest groups accumulate the increasingly more contradictions, and theincreasingly acute. For the whole of the administrative laws and regulations, it is notenough to be perfect, and thus, a challenge to the ruling of the administrativedepartments. Relevant administrative departments in the process of dealing withadministrative cases inevitably intertwined with a variety of interests, and howreasonable the use of the right set of ways and means to deal with cases to guide thecorrect theory of the case instance, the interests of the produce to meet the measure ofthis method the needs of the development of administrative law, to help solve thedifficult problems encountered in the many administrative cases.From our current objective reality, the important feature of the various socialcontradictions and problems based on the administrative system of laws and regulationsare not perfect, is the transformation of Chinese society, the impact of suchadministrative law enforcement demolitions. The cause of the government demolitionissue so many contradictions, its root cause is the imbalance between the partiesinterests. The dominant position of public authority, their interests generalization andbiased, and demolition serious understanding differences in coordination with the issueof resettlement costs, can not reach a consensus, which has prompted the socialcontradictions blowout. Want the dispute is resolved, they are a measure of interest tomaximize the benefits and harm minimization principle, looking for export, and thusresolve disputes of interest in the case.However, the interests of the measure is not a panacea, it’s just to make up incompletedefects administrative laws and regulations, with respect to the the old administrativelaws and regulations should pay attention to the feasibility of its implementation, toavoid people questioned the authority for the supremacy of law. So, have a goodunderstanding of administrative departments on behalf of the public power interests ofthe staff need to measure the knowledge, the use of this method in order to better deal with the problems encountered in administrative cases. In this paper, start from the basicmeaning and essence of administrative law in the interests of the measure, by the broadrange of administrative law in the interests of the measure, a detailed analysis of thenecessity and the main role of the interests of the measure in the interests of theexecutive and the legislature, administrative law enforcement, as well as administrativeproceedings measurable reach facilitate the administrative department of the rational useof and give full play to the interests of the measure this important method to promoteadministrative cases successfully resolved.