The Jurisprudence On Non-Compulsory Administration

With the transformation of social, economic and political system, modern society requires more on the diversity of administrative means. However, as the general and fundamental theory of the whole legal system, how the jurisprudence can provide theoretical analysis and foundation to such a requirement is an important subject faced by every "lawyer". In this dissertation I just want to respond to such practical need and try to provide theoretical underpinning and enlightenment for the new administrative area of non-compulsory administration on both theoretical and practical sides.The dissertation includes six parts:Introduction: Starting from the important impacts of reasonable behavior models on the consequences of behaviors, it confirms the essential role of behavior models in achieving the purposes of behaviors, then it elaborates the crucial influence of reasonable administrative means on the achievement of administrative purposes. It also points out that non-compulsory administration, as a type of administrative means which includes softness and inclusive spirit, has become an important aspect of modern administration. Based on its significant implications on modern governmental administration it comes to a conclusion: non-compulsory administration has become a kind of beneficial even indispensable complement of modern governmental administration.Chapter I: Analysis on the Limitation and Malpractice of Compulsory Administration. This chapter analyzes the nature of administration, suggests that public authority represented by state stands for the centralization of a society. From the perspective of social control, the monopoly of coercion by public authority is the prerequisite of effective social control. But it simultaneously states that the effectiveness of coercive force is limited, it will irritate constant resistance and ultimately leads to the destruction of original power relationship if the coercive force is frequently and over used. So, although coercive force is an instrument of securing the social normative validity, its scope of application and its efficacy will be increasingly minimized with the rising civilization of human beings, and this also calls for a new kind of administrative means to remedy the defect of compulsory administrative means.Chapter II: The Social Conditions for Non-compulsory Administration. It is the defect of compulsory administration that makes a new kind of administrative means served as the complement to the compulsory administrative means —— the non-compulsory administration introduced. This chapter demonstrates that non-compulsory administration is backed on executive power, but it mitigates the private party's fear and resentment by the softer and milder measures such as direction, contraction and consultation, and seeks for the cooperation of the private party with the administrative subject, thus ultimately achieves the goals of administration by multi-forces. Then through the analysis of commodity economy, democratic politics and the society ruled by law it comes to the conclusion: the commodity economy is the main factor of promoting the awakening of the subjectivity of humans and provides the material prerequisite for civil rights to combat with public power. While the development of democratic politics directly calls for the emergence of more civilized administrative means. Based on this, the society ruled by law then provides the institutional arrangements for non-compulsory administration. All these have provided the solid social conditions for the non-compulsory administration to pass through the hall into the inner chamber.Chapter III: The Theoretical Origin of Non-compulsory Administration. The traditional administration considers the realization of abstract public interest as its only gist, and takes implementing the unilateral will of administrative subjects as its fundamental goal. Chapter III intends to negate such a traditional opinion on theoretical level and claims the practical reasonableness of no...