Analysis On The Values Of The Non-compulsive Administrative Act

With the growth and maturity of the market economy, the behavior models of the government change continuously. In the administrative management, gentle means, such as contract, guidance, negotiation, encouragement and helping, have been used more and more. Facing these changes, if we place the non-compulsive administrative act outside of the theory system of the administrative law,the theory of the administrative law can't explain many practice problems for lack of actuality. The author bases on the actuality and studies the non-compulsive administrative act from a new angle.Generally, this thesis includes the following three parts.The first part is the basic meaning of the non-compulsive administrative act.This part introduces the concept and basic characteristics of the non-compulsive administrative act. The non-compulsive administrative act is a kind of administrative act that the administrative law subject does by its administrative power, but without obedience and acceptance of the private party in administrative process. The theoretical core is that guiding by laws, policies and principles of law, the administrative organ owning the administrative power weakens the compulsion emphasized by the traditional theory about the administrative act and tries to realize the administrative purpose by gentle means ,such as guidance, negotiation and encouragement .The non-compulsive administrative act has four basic...