The concept and basic principles of administrative law
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 implementation 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 enactment 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 implement administrative activities according to lawful authorization, 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. Secondly, administrative activities carried out by administrative subject must comply with administrative legal specifications. Thirdly, administrative subject's activities against law are invalid. 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, unreasonable 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 judicial action of judicial departments.
The basic principles of administrative law are controlling and binding the various administrative legal systems of our country more and more. Along with the development of socialist market economy and the construction of the socialist country ruled by law, the content of those principles will be increasingly improved.