Study On The Relieving System Of Administrative Encouragement

Administrative encouragement refers to the administrative specific act, through which the subject encourages its inside personnel as well as the object to act or not for the purpose of realization of certain administrative objectives, and rewards those who are qualified in material, spiritual or other ways, according to lawful conditions and procedure. Administrative encouragement is a kind of specific act, which will make an actual impact on the object's rights and interests. Therefore in accordance with the basic legal principle of relief accompanying rights, the design of Relieving System of Administrative Encouragement is not only theoretically necessary, but also practically imperative. Starting with the fundamental concepts and searching relevant documents, this dissertation analyses theoretical source and real necessity of Relieving System of Administrative Encouragement logically and empirically, typologically researches into the illegal activities of administrative encouragement, roughly investigates into the problems and defects existing in Relieving System of Administrative Encouragement, and correspondingly designs appropriate forms or ways for Relieving System of Administrative Encouragement.This dissertation is divided into three parts. Part One firstly introduces some fundamental concepts of Relieving System of Administrative Encouragement, then logically defines the connotation and extension of administrative encouragement and analyses the relationship between administrative encouragement and its relevant concepts. In this part, the theory of administrative relief is necessarily introduced, and the concept, characteristics, classification and forms of Relieving System of Administrative Encouragement are naturally elicited. Part Two dynamically analyses the operation rationale of Relieving System of Administrative Encouragement, typologically researches into the possible illegal activities of administrative encouragement to lay a strong foundation for construction of Relieving System of Administrative Encouragement, and it also analyses status quo of operation and defects of Relieving System of Administrative Encouragement in China. Part Three Statically designs such corresponding systems of Relieving System of Administrative Encouragement as follows: Hearing of Administrative Encouragement, Letters From and Visits of the People, Professional Supervisors, Administrative Reconsideration, Administrative Procedure and Administrative Compensation.