On The Administrative Assistance

Along with the development of the social economy, the modern administration is more and more complicated day by day, the assistance and the cooperation between the administrative agencies become the bridge with which people can exchange their ideas and take mutual benefits for each other. To the subject of administration, the administrative integration to achieve the common administrative goal demands on reinforcing the coordination and the harmony. When some subjects of administration cannot exercise the administrative authority well to achieve its administration goal, they may seek the assistance from the other subjects of administration who have the administrative jurisdiction. Administrative assistance precisely occurs in the administrative actions between the subjects of administration who are not subordinate to each other. People used to thinking that administrative assistance between the subjects of administration is administrative principal behavior, but the administrative commission can occur in the situation that counterpart has no jurisdiction, whereas, for the subject of administration who has jurisdiction, it is one kind of administrative assistance relationship based on the request. Therefore, we should break down the restriction of the traditional ideas to study it, and make the administrative authority integrated and highly effective well, and protect the legal rights and interests of the administrative counterpart.Some countries with continental law system and the countries and the areas which are influenced by the continental law system generally have made the administrative assistance system detailed in their own《Administrative Procedural law》, and make people have the constitution to obey. But for various reasons, the administrative assistance system in our country has always been out of the rule by law. According to the scholastic statistics, the laws and regulations which have defined the administrative assistance in our country include the following unidirectional law:《Highway Laws》,《Customs Law》,《Tobacco Monopoly Law》,《Infectious Disease Controlling Law》,《Contagious Diseases National Security Act》,《Product Quality Act》,《Ore Resource Law》,《Tax Revenue Collection Administrative Act》,《Consumer Protection Law》, and some laws in forms of administrative regulations , such as《Compulsory Detoxification Law》,《Public Health Emergency and Realize Rule of Law》and so on. It is not difficult to see from the above instances that the status of the normative legal document related to the administration assistance system in our country is quite low, and there is insufficient support to the administrative assistance. There is no unidirectional administrative assistance law or administrative procedure law which has formulated the guiding principle to the generation of the administrative assistance legal relation. The assistance defined by these unidirectional law occurs generally in two or more administrative units, and it is with the particularity, but non-universality, and the role of the law is low correspondingly; adding to the complexity of the subject of administration, and its scope is also broad, to the other subjects of administration who are not related to the administrative system, there are no instruction function in these legislations. Not only does this bring certain hindrance for the operation of the administrative authority movement, but also bring potential hazard to the legitimate rights and interests protection of the counterpart. Therefore it lead to the reality that a majority of subjects of administration exercise their own administrative authority independently, tergiversate each other, and the administrative efficiency is low, so the situation that the interests of the counterparts is harmed sometimes occurs.In the practice of the administrative enforcement of law in our country, the need of the administrative assistance does not only exist, but also is strengthening increasingly. But the legislation of the administrative assistance and the study of the theory fall behind the practice of the demand and the development by far, and it did not adapt to the request of the rule by law in the modern society. At the present time, the domestic scholars call for the administrative procedural law. We must take advantage of this opportunity, and establish our administrative assistance system in time, and make the administrative assistance legal, and provide the legal basis early for the administrative law enforcement in our country. It is precisely based on this kind of consideration, we attempt to study all kinds of literature materials, and we will conduct the preliminary research to the administrative assistance system on the basis of it, and contribute my humble effort to the administrative procedural law which is drafting in our country.The article is divided into four chapters:In the first chapter, we summarize the concept of administrative assistance. First, the article lists many kinds of concepts of administrative assistance defined by the academic circles in our country, and comprehension of the concepts of administrative assistance in the countries and areas where the administrative assistance system is quite perfect. Based on the above explanations and the legal provisions, we obtain the definition integrated with the condition of our country. And we suggest that the concept of assistance behavior between the counterpart and subject of administration should use assistance administration or social assistance instead of administrative assistance to ensure the unity of the concept of jurisprudence. Second, the administrative assistance has the characteristic of the specific of the subject, the public duty, legal, the complementariness, the identity, the passivity, the temporary through the analysis of administrative assistance. Finally, we can enlarge our knowledge of administrative assistance to emphasize the legal characteristic of administrative assistance compared with the concept of the administrative authorization, the administrative request, the jurisdictional aid, the society assistance which can be easily confused and we must not confuse the concept of administrative assistance on the above.In the second chapter, we introduce the reason of the generation of the administrative assistance system and the necessity of its existence. Owing to the enactment and configuration of the specialization of the administrative authority, and there is certain overlapping in the administrative jurisdiction domain, therefore the division and the motion of the present administration authority need the establishment of the assistance system. But according to the minimum cost principle, the administrative legal system must establish the efficiency principle, and take the efficiency as the essential starting point when designing subject of administration. The most important function of the administrative assistance system lies in the solution of the contradiction between the bureaucracy public administration structure and the administrative integration through the longitudinal historical inspection and crosswise comparative analysis; The administrative assistance effectively can overcome the scarce of the administrative resource; It is helpful for raising the efficiency of the administration; Also it is full of the important meaning of the protection of the legitimate rights and interests of the counterparts; It is beneficial to maintain the balance and justice of the administration; It is the innovational approach to the administrative enforcement of law, and it is the link connected with constituent instrument organic law and procedural law, and it can promote the perfection and the reform of the system of the administrative enforcement of law.In the third chapter, we elaborate the problem and limitation of the current administrative assistance in our country. First, we summarize that the legislative system of the administrative assistance in our country is not perfect, and lacks of the unification of the legal rules and regulations. It leads to many problems in the motion of the system. For example: Jurisdiction overlapping; the low administrative efficiency; the serious phenomenon beyond the powers; the hindrance of protectionism. We consider that the academic circle in our country must strengthen the study on the theory of the administrative assistance and the administrative organization, and we must establish a set of a system of administrative assistance to suit the managerial practice in our country as soon as possible.In the fourth chapter, we construct the legal system of administrative assistance in our country. First, we emphasize that the administrative assistance must be instructed by the principle of legal, reasonable and efficiency. And we suggest that we should formulate the legislation of the administrative assistant procedure in our country as soon as possible, unify the advanced legislative experiences overseas, and we should elaborate the important content of the administrative assistance. Finally, we point out that we must lay a solid theoretical foundation, institutional insurance and the terms outside for the motion of the administrative assistance system by formulating a perfect administrative constitutive law through scheming a set of reasonable, normative, systematic system of the administrative authority in the appropriate time in our country,...