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.
行政，是指組織、管理等活動(dòng)。行政法領(lǐng)域的行政是指國(guó)家與公共事務(wù)的行政，即行政主體依法對(duì)國(guó)家與公共事務(wù)進(jìn)行的決策、組織與管理活動(dòng)，通常稱為公共行政。
行政法則是調(diào)整因行政主體行使行政職權(quán)而發(fā)生的各種社會(huì)關(guān)系的法律規(guī)范和原則的總稱。
下面我來(lái)談?wù)勑姓ǖ幕驹瓌t。這一問(wèn)題是行政法學(xué)的基本理論問(wèn)題之一，是指導(dǎo)行政法制定和實(shí)施的基本準(zhǔn)則?；驹瓌t主要包括合法性原則和合理性原則。
1. 合法性原則是行政法的首要原則，是指行政主體必須按照法定的授權(quán)、形式和程序?qū)嵤┬姓袨?，并?duì)其違法行政行為承擔(dān)相應(yīng)的法律責(zé)任。合法性原則的基本內(nèi)容是：第一，行政主體的行政職權(quán)依法設(shè)定或被授予；第二，行政主體的行政行為必須符合行政法律規(guī)范；第三，行政主體的違法行為無(wú)效；第四，行政主體必須對(duì)其違法行政行為承擔(dān)相應(yīng)的法律責(zé)任。
2. 合理性原則是對(duì)合法性原則的補(bǔ)充。它要求行政主體的行政行為不僅要合法，而且要合理。這一原則的具體要求是：第一，行政行為要符合客觀規(guī)律；第二，行政行為要符合制定有關(guān)法律的目的；第三，行政行為要符合國(guó)家和人民的利益；第四，行政行為要有充分客觀的依據(jù)；第五，行政行為要符合正義和公正；第六，不合理的行政行為要承擔(dān)相應(yīng)的法律責(zé)任。行政合理性原則是行政法的原則，而不是行政訴訟法的原則，所以它對(duì)行政主體的行政行為是適用的，但不適用于司法機(jī)關(guān)的行政訴訟活動(dòng)。
行政法的基本原則越來(lái)越支配和約束著我國(guó)各種行政法律制度。隨著社會(huì)主義市場(chǎng)經(jīng)濟(jì)的發(fā)展和社會(huì)主義法治國(guó)家的建設(shè)，這些原則的內(nèi)容將會(huì)不斷得到完善。
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.
行政，是指組織、管理等活動(dòng)。行政法領(lǐng)域的行政是指國(guó)家與公共事務(wù)的行政，即行政主體依法對(duì)國(guó)家與公共事務(wù)進(jìn)行的決策、組織與管理活動(dòng)，通常稱為公共行政。
行政法則是調(diào)整因行政主體行使行政職權(quán)而發(fā)生的各種社會(huì)關(guān)系的法律規(guī)范和原則的總稱。
下面我來(lái)談?wù)勑姓ǖ幕驹瓌t。這一問(wèn)題是行政法學(xué)的基本理論問(wèn)題之一，是指導(dǎo)行政法制定和實(shí)施的基本準(zhǔn)則?；驹瓌t主要包括合法性原則和合理性原則。
1. 合法性原則是行政法的首要原則，是指行政主體必須按照法定的授權(quán)、形式和程序?qū)嵤┬姓袨?，并?duì)其違法行政行為承擔(dān)相應(yīng)的法律責(zé)任。合法性原則的基本內(nèi)容是：第一，行政主體的行政職權(quán)依法設(shè)定或被授予；第二，行政主體的行政行為必須符合行政法律規(guī)范；第三，行政主體的違法行為無(wú)效；第四，行政主體必須對(duì)其違法行政行為承擔(dān)相應(yīng)的法律責(zé)任。
2. 合理性原則是對(duì)合法性原則的補(bǔ)充。它要求行政主體的行政行為不僅要合法，而且要合理。這一原則的具體要求是：第一，行政行為要符合客觀規(guī)律；第二，行政行為要符合制定有關(guān)法律的目的；第三，行政行為要符合國(guó)家和人民的利益；第四，行政行為要有充分客觀的依據(jù)；第五，行政行為要符合正義和公正；第六，不合理的行政行為要承擔(dān)相應(yīng)的法律責(zé)任。行政合理性原則是行政法的原則，而不是行政訴訟法的原則，所以它對(duì)行政主體的行政行為是適用的，但不適用于司法機(jī)關(guān)的行政訴訟活動(dòng)。
行政法的基本原則越來(lái)越支配和約束著我國(guó)各種行政法律制度。隨著社會(huì)主義市場(chǎng)經(jīng)濟(jì)的發(fā)展和社會(huì)主義法治國(guó)家的建設(shè)，這些原則的內(nèi)容將會(huì)不斷得到完善。