The Study Of The Non-mandatory-administrative Behavior In Harmonious Social Background

In recent years, as China's administrative law process gradually deepening, the government administrative behavior received increasing attention especially in the building of a harmonious society background, China's traditional "order -- to obey" the management mode has been an unprecedented challenge. In today's administrative practice, the administrative guidance, the administrative contract, the Chief Award, administrative support, Chief information services and other non-mandatory administrative acts has become the Chief of the important goals, and has shown a tendency to expand. Therefore, the non-mandatory administrative acts of great significance. However, the current scholarship on non-mandatory administrative theoretical research is still at the fledgling stage, in view of this, This paper attempts to harmonious society perspectives on the new non-mandatory administrative actions related to the theory, My analysis of the non-existence of compulsory administrative actions and the reasons for the problem, and then solve the problems.Introduction to the outside of this paper is divided into three parts. The first part is mandatory for non-executive acts theoretical explanation. mainly expounded non-mandatory administrative behavior and harmonious society fit, function and value of the main form. The second part of the non-mandatory administrative actions the main problems and the reasons analysis. Papers that our non-mandatory administrative acts primarily as follows : (1) non-mandatory administrative acts are often alienation; (2) non-mandatory implementation of the administrative process is not transparent; (3) the lack of a standardized system and procedural safeguards; (4) Non-mandatory administrative relief ineffective. Leading to the above problem is mainly due to : (1) theoretical research lags behind; (2) the influence of traditional notions;(3) administrative oversight mechanism is not sound. The third section focuses on the standards and improve the non-mandatory administrative measures. The paper presents Suggestions include : (1) the transformation of concepts, enhance awareness of service; (2) improving non-mandatory administrative acts of relevant legislation; (3) to abide by the "principle of proportionality" and "trust protection principles." (4) Chief relatively clear the "right to refuse"; (5) Establishing a sound, non-mandatory administrative procedures; (6) Establishing a sound non-mandatory administrative relief; (7) Strengthen the non-mandatory administrative theoretical research.Among the main innovations in the following two aspects : (1) in non-mandatory author of the value of administrative functions and solve the problem of response are expounded personal perspective; (2) The author of the existing domestic and foreign scholars on the basis of the study, a new problem that the non-mandatory administrative actions do not directly produce legal consequences of the premise, how to preserve the executive relative to the legitimate rights and interests of the administration on the basis of objectives to ensure the effective realization.