Administrative Consultation And The Modern Administrative Rule Of Law Of China

Modern administrative rule of law in any meaningful way not only the power of the executive authorities unilaterally that can be achieved, administrative law will inevitably need to take up the guide, promote and safeguard the administrative power of the main subjects of rights between private cooperation, interactive mission. Especially in transition, the complicated affairs of public administration, the government and the people’s contradictory incentives, so that, end the administrative process one-dimensional to achieve cooperation between subjects, and win-win is inevitable choice of the modern administrative rule of law in China. In other words, the modern administrative rule of law in China has not only a simple rule to control governance, but carrying and expressing the citizens of the value of democracy, freedom, fairness, justice, order the anticipated good governance. The modern administrative value of the rule of law, the concept of good administrative means by "good" way be internalized and expression. Administrative consultation which focus on the subject of citizen participation, emphasizing the humane care of the administrative power of the main focus on the administrative client communicative rationality, stressed interaction, cooperation, understanding of administrative practices, with its intersubjectivity, soft power response China’s traditional unilateral, mandatory administrative practices of violence ills and shortcomings. To a large extent, administrative consultation is response to the modern administrative development of the rule of law which demands good administrative practices.As a good administrative measure, administrative consultation does not exist in isolation, but integrated into the whole administrative process, and the spirit of the modern administrative rule of law, the concept of the administrative process, to promote specific administrative decisions, the practice of reform and development of administrative remedies. Can be said that the use of administrative negotiation and implementation process, both administrative power of the main subjects of rights exchanges between the conscious and rational governance of the realization of the process of the formation of administrative democracy and the promotion of the rule of law in the administrative process, promote China’s social management innovation and reinforcing process. In this sense, the administrative consultation is not just an administrative practice, but also should be an administrative philosophy and way of life of the field of public administration. Administrative consultations characteristics and value determine it as a product of the development of modern administrative rule of law in the administrative process and strengthen further promote the development of the theory and practice of the rule of law in our modern administrative. Specifically, administrative consultations to promote the implementation and the expression of the modern administrative concept of rule of law in practice, and promote modern steering administrative law body positioning, and promote the modern development of the administrative decision-making mode, and promote the reform and development of the system of administrative remedies. Based on the real system dilemma and practice dilemmas beyond the administrative consultation, will be conducive to the long-term promotion of the modern administrative rule of law in China. Based on this idea, this thesis is divided into seven chapters:Chapter1, the connotation of administrative consultation, we implicate the connotation and extension of the administrative consultations, in order to lay the administrative consultations on the basis of the study. I believe that the administrative consultation is a process that the administrative body and the citizens, legal persons or other organizations in respect of the matters to be decided in the administrative process or other related issues caused by the administrative decision-making, communication, dialogue, compromise, in order to reach a consensual or understanding. We analyzed the administrative consultations with the main body of the specific process of the game, the main autonomy, internal soft power and other characteristics, consideration of legislative administrative consultations, dealing with administrative consultation and relief; Administrative consultation has profound theoretical basis and the practical value in our country.Chapter2, Administrative consultation with our modern executive expression of the concept of rule of law, taking into consideration the administrative consultation with the modern administrative concept of rule of law related administrative consultation is considered the modern administrative concept of rule of law students, administrative consultation to further express and interpret modern administrative concept of rule of law, and to facilitate follow-up and implementation of the concept of modern administrative rule of law in the course of administrative practice. Administrative consultation highlighted the democratic administration, interpretation services administration, responded to balance administrative, highlight the program administration, and these administrative concept of the rule of law through specific system platform based on the a fresh administrative practice of the rule of law which.Chapter3, administrative consultation with our modern administrative law body position, analysis the use of administrative consultation on administrative law body positioning. We believe that the application of administrative consultation not only relieved the antagonism between the traditional administrative law body, but also contributed to the two never peer to peer steering. At the same time, the application of administrative consultation also brings a range of administrative law body, the shift of the power of the main body.Chapter4, administrative consultation and our modern administrative decision-making mode steering, considering of administrative negotiation the modern administrative decision-making mode. We believe that the administrative consultation is internalized in administrative decision-making, and to promote an important means of administrative decision-making model of modern development. The use of administrative consultation demonstrates, and interpretation of the soft administration, highlighting the government open, and promote the institutional development of modern administrative decision-making mode.Chapter5, administrative consultation and the reform of the system of administrative remedies, explore the administrative consultations in the administrative remedy process integration and the implementation of reform and development of administrative reconsideration, administrative litigation, executive compensation and other basic administrative relief system has value; considering the effect of the of administrative consultations internalization of these administrative relief system reform approaches and measures reality. Chapter6, administrative consultation and the rule of law in China’s administrative complaint mechanism reform, the administrative complaint mechanism positioned for both the double effect of administrative decision-making and administrative remedies system with Chinese characteristics, and within the administrative consultations Perspective specific analysis and consideration of rule of law in the direction of reform of the administrative complaint mechanism.Finally, I returned to the origin of the administrative consultation, face up to the current implementation of administrative consultation encountered theory system and the practical difficulties that the only way to resolve and surmount these difficulties will become further promote the construction and development of the administrative rule of law in China.