Are inseparable from the administrative organs, the administrative behavior of the administrative organs has become an influence on people's life, freedom,
The security, stability and development of property and the country are almost omnipotent.
The main signs of an administrative country are:
(1) The number of administrative agencies and administrative personnel has increased significantly. Take the United States and China as examples. United States of America
At the beginning of the founding of the People's Republic of China, the federal government only set up three ministries with 4479 administrative personnel, which was the same as that of the United States at that time.
The proportion of the total population is 1: 1 100. By this century, the number of federal administrative departments has increased to more than 70.
The administrative staff increased to 311,9 12, accounting for 1: 80 of the total population of the United States. our country
After the founding of New China, the central government initially set up 35 ministerial-level institutions, which increased from 1954 to 64.
The ratio of administrative personnel to the total population of the country is1:297; In the early 1980s, the central government
The number of ministerial-level institutions increased to 100, and the number of pure administrative personnel reached 1042 million in the mid-1990s.
Together with other people who eat "imperial grain", it reached 35.76 million, accounting for 1:29 of the total population of China.
.
(2) The administrative functions have been greatly expanded. /kloc-before the 0/9th century, the administrative functions of the state were usually only
Limited to national defense, social security, taxation and diplomacy. After entering the 20th century,
Administrative functions have been greatly expanded. The new areas of state administration mainly include: (1) intervention in the economy,
Regulate the economy; (2) Managing domestic and foreign trade and domestic and foreign finance; (3) Elevator
Social welfare and social insurance; (4) Managing education, culture and health care; (5) Guarantee
Protecting intellectual property rights; (6) Protecting, developing and utilizing resources; (7) control environmental pollution and change
Good living and ecological environment; (eight) to supervise the quality of products and protect the rights and interests of consumers; (9) Cities
Urban management planning and township construction; (10) Directly organize the construction, operation and management of large-scale projects.
Manage state-owned enterprises and so on.
(3) The administrative power has been greatly expanded. The expansion of administrative power is first manifested in the rights of administrative organs.
Control economic and social life, such as administrative licensing and examination and approval system. 19th century
Previously, administrative licensing and approval were rarely used, and even if they were used, they were limited to a few special industries.
By this century, there are usually dozens or even hundreds of industries that apply administrative licensing and examination and approval in various countries.
Kindness In addition, administrative expropriation, administrative payment, administrative investigation, administrative coercion,
The power of administrative punishment has also been greatly expanded. Not only that, in the 20th century, the executive power was not only in
The field of law enforcement has expanded and invaded the legislative and judicial fields on a large scale.
(d) Administrative discretion has been greatly increased. /kloc-before the 0/9th century, it was common in western countries.
They all adhere to the principle of "no choice but to be administrative", and administrative organs rarely "act cheaply"
Caution. However, in the 20th century, especially after World War II, the discretion of the administrative organs.
At the same time of rapid growth, the authorization of the parliament to the administration is rarely restricted, and many authorizations are rambling.
The causes of administrative state
The administrative state is caused by many factors, the most important of which are the following five:
(1) The economy has developed rapidly. This development has led to private criticism of "public goods"
(such as public transportation, municipal construction, social insurance, environmental protection, market order, anti-monopoly,
A large number of tangible or intangible products such as anti-unfair competition and regulation of various economic relations.
Demand.
(2) The development and progress of science and technology. The development and progress of science and technology inevitably came into being.
Two results: first, the legislative power and judicial power gradually lag behind the administrative organs. Because of the relevant legislation
Affairs and civil and administrative cases increasingly involve science and technology, while parliamentarians, laws and regulations
Court judges often lack professional knowledge, experience and expertise in corresponding matters and cases.
Door skills, so have to more and more authorized administrative organs to exercise quasi legislative and quasi judicial functions.
. Secondly, the development and progress of science and technology also put forward the need to strengthen management, such as knowledge.
Intellectual property protection, intellectual property trading rules, intellectual property dispute handling, etc.
(3) The decline of parliamentary democracy and the inadaptability of ordinary judicial single track system to modern society. 19
After the century, due to the growing development of the political party system and the control of most cabinets on the parliament, discussion
Social democracy is on the decline. Parliamentary supervision of the government has become a mere formality. As for the court, originally
It is a great restriction on administrative power, but since the establishment of administrative courts in continental European countries such as France,
After the implementation of the dual-track judicial system, the restrictive function of ordinary courts on administration has been greatly weakened; Because now
With the development of social economy and science and technology, the judicial single track system in Britain and America will be difficult to realize in the 20th century.
After that, coupled with the cumbersome and inefficient ordinary judicial procedures, judicial power is increasingly transferred to the administration.
Move it.
(4) The function of Parkinson's law. According to Parkinson's law, administrative agencies have self.
The internal motivation of my expansion makes the scale and number of administrative institutions and administrative personnel always positive.
Growth trend.
Alienation of administrative state
The administrative state is magically producing and providing all kinds of "public * * *" that people need.
At the same time, it also magically produced various by-products that people don't want to see.
. Moreover, this side effect has developed more and more over time, so that it has completely evolved.
Become a trend of social cancer. This phenomenon is the alienation of administrative state, which is mainly manifested in
The following five aspects:
(1) A threat to democracy, freedom and human rights. In modern complex society and economy.
In order to protect democracy, freedom and human rights, people must establish and maintain a relatively stable.
Order must have a strong administrative power, and the administrative state is exactly what society does for this powerful behavior.
The product of political needs. But the execution is too strong, if there is no equally powerful.
Control mechanism, which will inevitably pose a threat to democracy, freedom and human rights, and make parliament useless.
Type, make the court obey the government, make people afraid of administrative officials.
(2) Corruption and abuse of power. After the alienation of administrative power, it is to provide "publicity" for the public
* * * products ",wantonly provide" private products "for those who hold and exercise power.
. People who master and exercise power use power to seek money, property and even beauty for themselves.
Color. They used to be "public servants" of the people, but they used their power to shape themselves into "masters".
Take the administrative counterpart as the object of his own arbitrary drive. Abuse and corruption of administrative power, sometimes
Can reach a heinous level.
(3) Bureaucracy and inefficiency. In the case of administrative countries, due to Parkinson's disease,
The role of law, increase administrative personnel, expand administrative institutions, institutions, handling personnel.
Pass the buck to each other.
(four) a lot of waste of manpower, financial resources and material resources. When the alienation of administrative state appears
After that, the cost of exercising administrative power will increase exponentially, resulting in manpower, financial resources and material resources.
Waste a lot of resources. The energy and talent of many outstanding talents are not used for doing business, but for.
Dealing with all kinds of complicated relationships between people in institutions; The fiscal revenue of most countries has not been used.
For economic and cultural construction, but for hundreds of millions of public officials "imperial grain" expenditure.
(5) Degeneration of people's viability and creativity. The administrative state is often associated with the planned economy.
The economic system is linked with the welfare state system. Practice has proved that whether it is a planned economy or a welfare state
It is conducive to cultivating and inspiring people's competitive spirit and innovative ability. The article says that everything is guaranteed by the state.
Next, people will gradually develop the quality of dependence and even laziness, and their viability will gradually decline.
Change, so that you can't stand any storms on the road of life.
Get out of the administrative country
The people created an administrative country, which originally created conditions for the people's development, but in its operation
In the process of writing, it gradually evolved into a magic domain that hindered people's development and even destroyed people.
However, how can human beings get out of the administrative state and avoid all kinds of alienation of the administrative state?
What about natural disasters? Practice has proved that human beings must step out of the administrative state, but it is not.
The basic ways to abolish administrative power and the state in one step are: limiting administrative power; control line
Political power; Transforming administrative power; Finally, the administrative power disappeared and the country perished.
(1) Transform and reduce government functions and restrict administrative power. In other words, let the government mind its own business.
. At present, there is no need for the government to intervene and manage many things that the government is in charge of.
"Mind your own business", if these things are regulated by the "invisible hand", it will exceed the management of the government.
Effective, and can avoid corruption and a lot of manpower, material and financial resources.
(two) standardize administrative behavior and control administrative power. The control of administrative power includes prior control,
Process control and ex post control. The so-called ex ante control means that the law is the ex ante control of the executive power.
Formulate a set of substantive rules, such as behavior conditions, scope, range, etc. Control the operation of administrative power.
Premises and standards; The so-called process control is that the law provides a set of regulations for the exercise of administrative power.
Open, just and fair procedures, such as notification, hearing, explanation, separation of functions, reply, etc.
Avoid, don't touch unilaterally, etc. , control the process of administrative power operation; The so-called post-event control refers to
The law provides a set of post supervision mechanisms for the exercise of administrative power, such as administrative supervision, administrative reconsideration,
Administrative litigation, etc. To control the results of the operation of administrative power.
(3) Strengthen social autonomy and transform administrative power. In modern society, the government is not unique.
Male * * *. "Public goods" can be provided not only by the government, but also by other public entities-
Social autonomous organizations (such as trade associations, public welfare organizations, social organizations, grassroots people)
Sexual autonomous organizations, etc. ). Moreover, non-governmental social public institutions can exercise public power and can
In order to avoid or reduce many disadvantages of administrative state alienation, such as corruption and abuse of power. because
Non-governmental social entities are closer to citizens, and citizens can participate in their operation more directly and directly.
Supervise it.
It is true that the administrative state is only a historical stage of the development of human society. This calendar
The historical stage will gradually change with the development of modern democracy and the constant restriction, control and transformation of administrative power.
At the end of this step, mankind will step out of the administrative country.