The Study On Non-compulsory Administrative Act

Administrative act is an essential concept in administrative law. In a sense, administrative legality is the symbol of the rule by law in a country. Along with the developing of administrative legality in our country in recent years, administrative act is more and more emphasized. As traditional administration generally means ruled, burdened administration, which act ought to be done by government or ought not to is sharply divided since it is ruled by law. But today's administration pays more attention to supply and service in administration and the power boundary and scope of administrative act continuously extends. Meanwhile, the operating way of state act weeds through the old to bring forth the new: administrative contract, administrative guidance and so on have been extensively applied. So it is very necessary to provide such new types of state act with legal regulation. After combining the research achievements around the world with the tendency of administrative legality in our country, the writer thinks the new types of state act are non-compulsory administrative act. Following with this, he puts forward some suggestions about its legality in order to promote its development.The thesis is composed of 3 parts. Part I introduces the social and economic backgrounds which give rise to non-compulsory administrative act. This part also discusses its main meanings, theoretical bases and functions. Part II focuses on two major patterns of non-compulsory administrative act: administrative guidance and administrative contract. Part III presents some suggestions to the rule of law about non-compulsory administrative act. There are some problems in practice of non-compulsory administrative act. They ought to be solved by constructing systems, enhancing legislation and other measures.