Review and Reflection on the Theory of Agencies and Branches in Administrative Law
The existing theory of administrative law distinguishes between agencies and branches based on the establishment of organs,mainly for the need to judge eligible administrative subjects within the framework of administrative subject theory.However,for a long time,legitimacy flaws of a large number of county-level street offices,debates over the legal status and administrative subject qualifications of management committees in development zones and urban new areas,limitations in understanding grassroots administrative organizations around branches,and the different attitudes of administrative organs and people's courts towards indirect authorization by laws,regulations,and rules have invisibly formed a significant impact on existing theories.To re-examine this theory,it is urgent to make necessary updates to the knowledge system and guide the revision of relevant norms in the future:the first is appropriately expand the scope of statutory agencies;the second is to change the cumbersome practice of pre-judging whether the branches is authorized for the relief of the counterpart;the third is to leniently evaluate the indirect authorization of branches and expand the scope of recognition of legally authorized organizations.
the Administrative Lawagenciesbranchesthe Administrative Organization Law
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