Administration refers to those activities such as organization and regulation. The concept of administration in administrative legal system refers to the regulation of state and public affairs, namely, decision-making, organization and management of state and public affairs by administrative subject according to law, which is often referred to as public administration.
Administrative law is the general term of all legal norms and principles that regulates the different kinds of social relations occurring in the course of implementation3 of administrative power by administrative subject.
Then I would like to introduce the basic principles of administrative law. This problem is one of the elementary theoretical issues in administrative jurisprudence, which denotes the fundamental rules guiding the enactment4 and application of administrative law. The basic principles mainly consist of legality and reasonableness.
1, Legality is the foremost principle of administrative law, which means that administrative subject must implement2 administrative activities according to lawful5 authorization6, form and procedure, and undertake corresponding legal responsibility for its illegal administrative activities. The basic content of the principle of legality is as follows. Firstly, the administrative authority of administrative subject shall be set or conferred by law. Secondly7, administrative activities carried out by administrative subject must comply with administrative legal specifications8. Thirdly, administrative subject's activities against law are invalid9. Fourthly, administrative subject must undertake corresponding legal responsibility for its illegal administrative activities.
2, The principle of reasonableness is a supplement to the principle of legality. It requires administrative activities of administrative subject be not only legal, but also reasonable. The specific requirements of this principle are: Firstly, administrative activities should comply with objective rules. Secondly, administrative activities should comply with the aim of the enactment of relevant laws. Thirdly, administrative activities should comply with the benefit of state and people. Fourthly, administrative activities should have sufficient objective basis. Fifthly, administrative activities should comply with justice and fairness. Sixthly, unreasonable10 administrative activities should undertake corresponding legal responsibility. The principle of administrative reasonableness is the principle of administrative law instead of administrative procedural law; so, it is applicable to administrative activities of administrative subject rather than the judicial11 action of judicial departments.
The basic principles of administrative law are controlling and binding12 the various administrative legal systems of our country more and more. Along with the development of socialist13 market economy and the construction of the socialist country ruled by law, the content of those principles will be increasingly improved.
行政,是指组织、管理等活动。行政法范围的行政是指国家与公共事务的行政,即行政主体依法对国家与公共事务进行的决策、组织与管理活动,一般称为公共行政。
行政法则是调整因行政主体行使行政职权而发生的各种社会关系的法律规范和原则的总称。
下面我来谈谈行政法的基本原则。这一问题是行政法学的基本理论问题之一,是指导行政法拟定和推行的基本准则。基本原则主要包含合法性原则和合理性原则。
1. 合法性原则是行政法的最重要原则,是指行政主体需要根据法定的授权、形式和程序推行行政行为,并对其违法行政行为承担相应的法律责任。合法性原则的基本内容是:第一,行政主体的行政职权依法设定或被授与;第二,行政主体的行政行为需要符合行政法律规范;第三,行政主体的违法行为无效;第四,行政主体需要对其违法行政行为承担相应的法律责任。
2. 合理性原则是对合法性原则的补充。它需要行政主体的行政行为不只要合法,而且要合理。这一原则的具体需要是:第一,行政行为要符合客观规律;第二,行政行为要符合拟定有关法律的目的;第三,行政行为要符合国家和人民的利益;第四,行政行为要有充分客观的依据;第五,行政行为要符合正义和公正;第六,不适当的行政行为要承担相应的法律责任。行政合理性原则是行政法的原则,而不是行政诉讼法的原则,所以它对行政主体的行政行为是适用的,但不适用于司法机关的行政诉讼活动。
行政法的基本原则愈加支配和约束着国内各种行政法律规范。伴随社会主义市场经济的进步和社会主义法治国家的建设,这类原则的内容将会不断得到健全