Research On Non-mandatory Administrative Action And Its Legalization

In contemporary, with the development of the administrative management practice, from the control to a service administration type, we can see that mandatory administrative action is so simple and stiff that it is different to meet the ever-changing market situation and the government management function requirements completely. But non-mandatory administrative action takes more attention on induction, democracy consultation, affirmation incentive and guide consultation function, whice adapts to the needs of the development of the contemporary society, satisfying the modern administrative requirements.Due to practice and theory development, it is urgent need to the non-mandatory administrative actions. In today's administrative management practice, administrative contract, administrative awards, administrative information service etc, these non-mandatory administrative actions has become to the important manners of realizing the administrative targets. And in the present enlarging trend, so it is necessary to research on Legalization of non-mandatory administrative action and there is great theoretical value. Howere, non-mandatory administrative action is a extensive category, for the length of consideration, this paper focuses on the study of non-mandatory administrative action and Its Legalization. On the structure, the article is divided into preface, text and closing parts. Among them, text content consists of three parts.The first chapter is the basic theoretical introduction of non-mandatory administrative action, this part mainly introduces the background of non-mandatory administrative action, the conceptual analysis of the mandatory administrative action and non-mandatory administrative action, the classification significance of the mandatory administrative action and non-mandatory administrative action, and the characteristics of non-mandatory administrative action.The second chapter is about the significance of the research on non-mandatory administrative action legalization. This part is mainly about that it is the demand of the development of reality to non-mandatory administrative action legalization, and also the demand of the theories of administrative law.The third chapter mainly discusses the Legalization thinking of non-mandatory administrative action. How to carry out well the legalization of the non-mandatory administrative action is divided into three big aspects to study. Substantially following the series of the overall arrangement, beforehand, matter, afterwards to discuss. First, in advance to find good theoretical support to the springing of lots of non-mandatory administrative actions. Doing well theoretical basis for the following work theoretical basis, make it have a formal "background". Secondly, in the process of implementing the non-mandatory administrative action, take a simple discussion about should do well in the several successful measures to safeguard its effective implementation. Finally, because there is the right, there is damage which will require remedy, it is impossible for the non-mandatory administrative action in the process of implementing without harm. In order to minimize the damage of the non-mandatory administrative action, the paper finally discus about the mechanism of remedy.