Study On Assistance Of Administration

In modern constitutionality society, when one subject of administration can't achieve their administrational targets, by using their executive power only, they will search for assistance from other subject of administration, especially from those who hasn't relationship of administrative subordination with them. The administrative assistance is just the administrative act of this kind. Because the subjects who was asked to offer assistance haven't the legal duty, this action hasn't legal force in traditional administrative law. In order to accelerate the effiency of administrative act and protect administrative counterpart's legal rights, we should break the old legal system and make more study in the act and related law in this field. The article begins with the fundamental theory, and talked about the implication, characteristics and necessity of administrative assistance, in order to provide analysis of theory for administrative assistance system design. In the administrative procedure law of Continental law countries and areas, it's distinct for use to find the related clauses, but in our country, it only can be found in separate regulation and separate rule, and the stage of the related law isn't enough for a constitutional society. On the condition of lacking administrative organization law, we should make administrative procedure law, and study the subject, terms, procedure, cost, line, liability, succour, jurisdiction of administrative assistance, in order to supervise the subject of administration abusing executive power, preventing the repeat law enforcement in their public affairs and protecting administrative counterpart's legal rights. In the end of this article, the author affords the law-making for the system design of administrative assistance in our administrative procedure law.