Social Sciences in China (Chinese Edition)

No.10, 2013

 

On the Legal Basis of Administrative Authorization in Social Transformations

(Abstract)

 

Guan Baoying

 

Administrative authorization is widely used by a modern state in exercising its administrative power. Despite the wide adoption of authorization in Chinese positive administrative law, there remain a series of problems such as dislocated scopes of authorization and legal authorization conflicts. These problems have arisen generally from a weak legal basis of Chinese administrative authorization, and specifically from a lack of dynamic interpretation of the background of administrative authorization, a lack of scientific construction of the theoretical model of administrative authorization, and a lack of efficient control of the positive legal system of administrative authorization. Contemporary rule of law calls for a reconstruction of the legal basis of administrative authorization against the background of social transformation, and a clarification of the certainty of the subjects of power, the relativity of power division, the overlapping of the objects of power, as well as the sociality of power execution. We should establish the value orientations for the legal building of administrative authorization, with the limited transfer of administrative authority as the standard, the removal of negative factors in the exercise of administrative power as the motivation, the convenient exercise of administrative power as the means, and the effective integration of administrative power as the goal.