Research On Perfecting The Legal System Of Administrative Encouragement

Implementing the principle of administration according to law, which needs all the levels of administrative organs and their staff in the course of exercising of administrative powers to do just like this, the subject, the procedure and power is right, right relief, accept supervision, so that we can improve the level of law enforcement and eliminated the phenomenon of corruption, so as to safeguard the people's rights and interests. Administrative encouragement must be regulated and constrained by law, which is the basic principle of the rule of law, and also is the author's basic understanding which after studying and reflecting the administrative encouragement. Administrative encouragement is a new style of administration and a concrete system which can redeploy the initiative and creativity of the private party in administration, on the one hand, it improves the efficiency and enable citizens to be respected, and it reflects a profound humanist spirit. We must use modern administrative concepts and methods to regulate and constrain the administrative encouragement. However, the administrative encouragement is ignored in the legislative, law enforcement and research, leading to serious negative effects; which needs to raise the legislative level. That is to say, through the rules and principles, entities and procedures, so as to regulate and constrain the administrative encouragement.This paper is divided into four parts:The first part is the foreword. At first I put forward the research object in the form of case. Secondly I analysis the significance and research method. Finally I review the relevant domestic research.The second part is the basic theory of administrative encouragement, which analyzes the current concept of administrative encouragement. Firstly, re-identifying its concept. Secondly, analyzing the nature of administrative encouragement and the reward behavior of administration, and other relative concepts, so as to identify the behavior of administrative encouragement. Finally, briefly reviewing its historical development and functions.The third part analyzes the problem of our country's existing laws and regulations and the administrative enforcement, so as to introduce the institutional defect of the administrative encouragement. At first, the legislative sense of administrative encouragement is poor; the theoretical study of administrative encouragement is imbalance. Secondly, the administrative encouragement is lack of legal basis and has too wide discretionary power, and meanwhile, the administrative encouragement is lack of procedural requirements and no remedy procedural. Finally, there are insufficient administrative incentives in law enforcement.The fourth part is about the research on perfecting the legal system of administrative encouragement. During the course of the construction of our countries' administrative encouragement, we should adhere to the principles of openness, fairness and justice, the rule of law and efficiency; we should build the new conception of administrative encouragement; and improve the administrative encouragement legislation and the conditions and criteria; and setting the course of administrative encouragement; Improving the quality of law enforcement personnel. Standardizing the administrative of the implementation procedures, and strengthening the legal supervision and perfecting the legal relief of the administrative encouragement.