On Government Reward-offering From Prospect Of Administrative Law

In recent years, with the development of market economy and the improvement of democracy, citizen participation in public affairs has increased, and the government's administrative management has gradually penetrated into social life. So the continuous innovation of the government administrative management pattern and administrative activities method are required. And at the same time the relative administrative law. especially the formulation and perfecting of administrative procedure law should reach a higher standard.From the prospect of the development of modern administrative law, pure power has gradually been weakened, and public law and private law began to depend on each other. From the means of achieving the aim of administrative management, the traditional administrative control is no longer exist, especially with the building of service-oriented government, the concept of managing state affairs, politics and administration according to law has been spread widely, the traditional compulsive administration had exposed its weaknesses and shortcomings, and the administrative concept of citizen participation, equality and cooperation began to play an important role in the social life. As administration agency implemented its administrative functions, it always changed the management strategies for diversification, and fully mobilized social resources to achieve the purpose of management.In order to meet the demands of social and economic development, this kind of progressive improvement was always been proposed, argued and utilized. But most of those changes on identities and methods are generated and perfected under the background of paradigm transition. From the modern administrative way. many new administrative activities which worth study and explore has been generated, such as government reward-offering.Administrative agency encourages public participation and assistance in order to achieve certain function more effectively and conveniently. And for the citizen or organization who assist the government to achieve certain function or administrative goal, the government would offer some rewards. This is called government reward-offering. A special legal relation was formed between executive authorities and the public, and this legal relationship adapts to the development trend of modern public administration reform, play an important role in the establishment of a limited government, responsible government and effective government. In addition, viewing from uni-level administration executive method, the behaviors of improving government's uni-lateral limitation and improving the transparency of administrative information, saving administration management resources and increasing administrative efficiency are beneficial to guarantee the organic unity between legitimacy and efficiency. In addition, this paper had a theoretical analysis and practical research of government reward-offering on the basis of the realities of our country. So it has practical meaning on the government administrative management and administrative law on how to adapt to the paradigm transformation of administrative concept. Especially for the position-setting of the legal nature of government reward-offering and make timely changes of it This paper also nailed down the legal status and authority and responsibility distribution between administrative agency and counterpart, meanwhile, there are also practical meaning for right protection and right remedy of the counterpart.The theoretic research of government reward-offering is far less developed than the speed of practical development and the implementation. In actual operation, the relatively traditional administration mode has great flexibility, but there are still some shortcomings which brought by the interior theories of public administration mode. The shortcomings are mainly embodied in two phases, the set-up stage of government reward-offering, and the interest implementation phase of both administrative agency and counterpart. Because of its uniqueness and difference during the paradigm transformation of modern administrative action, making theory construction and legal operation are particularly urgent. This paper identified the concept of government reward-offering in different areas, clearly analyzed the legal nature of government reward-offering and the situation after the adoption, and had a fully understanding of the various theoretical and practical difficulties on the reward-offering in our country. It has an influence on the legal relation based on the rights and obligations under government reward-offering behavior, and also at deeper levels, basing on the research of government reward-offering, relying on constitutionalism philosophy; it will realize the paradigm transformation of public administration.