Yang Jianshun : The Essential Characteristics of Administrative Planning & Government Function Positioning
[Abstract] Administrative planning in administrative jurisprudence, means that administrative subjects draw blueprints, specify administrative objects, and further establish policy-based outlines and its effect. In this effort, what it want to achieve is to sustain the system, solve present and future public problems, and balance benefits. Administrative planning includes dynamic administrative planning and static administrative planning, which all have its own hierarchical structure. For the dynamic one, it represents an obvious circularity. The deterministic process of administrative planning has an strong feature of value selection and adjustments of benefits, which is not only the problem of administration, but also concerned to legislation and politics. In contemporary countries, the mixed elements of administrative planning can not be avoid, so the judicial research on that should establish a multidimensional perspective, instead of just limited to the administrative level. It could cooperate economic rationality, technological rationality and legal norms, with the research on political rationality. On the basis of identifying the dominant position of government in administrative planning, how to achieve the ideal of science, democracy and rule of law, and construct the scheme determination mechanism which benefits could be fully and specifically expressed, is another important subject for us to research.
[Keyword] Administrative Planning; Government Function Positioning; Plan State; The Working-out Procedure; Circular System; Adjustment & Balance of Interest
(Editor: Liu Xiaoling)