The Conflict between the Concept of Administrative Authority and the Re-cognition and Affirmation

Administrative authority is the common research object for administration subject and Administrative law, and which is the base and center element of all the Administrative law theory. Furthermore, how to control the administrative authority has become the key of the rule of administrative law. However, due to some deficiency of traditional administrative law theory such as unilateralism, compulsion and execution, the conflict between the concept and the law practice is inevitable, in addition, which is difficult to explain some newly phenomena, for instance, the administrative contract and administrative guidance. Thus, on the basis of reflect the traditional administrative law theory, its inner contradiction and foreign administrative law theory, the author points out some newly ideas concerning the concept of administrative authority which is suitable to today's China, furthermore, it can be grasped widely and be accord with modern administrative practice.