The Consultation Mechanism Of Administiration Executing

The management theory of traditional administrative law believes the command of sovereignty. It regards the administrative law as a tool to manage the administrative affairs ,result in"high power administration"that administrative authority stand high above the masses and burger succumb to the administrative authority. On the contrary, the theory of control power emphasizes particularly on individual interest and despises public interest. It believes that due to the expansion of administrative power, must adopt the administrative law to restrict the administrative power for against corrupting in order to guarantee the interest of public. The equilibrium theory of above both antagonistic theory attempts to guarantee administrative management & uphold administrative continuance, safeguard citizens legitimate rights & interest and defend citizens freedom, two combine into one to amalgamate the function of modern administrative law. The equilibrium theory emphasizes that individual and the administrative authority are equal for administration. It laid a legal foundation for individual to become the participator of administrative act. However, the main matter of administrative law is not only the matter of power control and management, and the direct task of administrative law is to bring about public interest and provide the best public service by institutionalize way.Nowadays, government compare with individual is not far removed from the masses, not deified to the natural delegate of people's interest, and can't issue orders to individual at will. Government is an installation or a tool that is created to help citizen to achieve public order and guarantee rights & freedom. Set-up of government is serviced for citizen and market. The administrative authority and individual are the two poles of administrative law. They are not who is good and who is bad. Individual is not the passive administered, the relationship with the administrative authority are rights and duties not administration and administered merely. The type of the relationship is varied, including administration relationship as well as service relationship, cooperative relationship. And the administration relationship is also carried out by service and cooperation. The position and effect of individual are becoming important in pace with the development of modern public administration. Modern administration is a kind of administration of service and cooperation. During the course of administration, the administrative organ and individual establish a consultation mechanism, the model of communication-coordination-cooperation-service. The service activity is provided by administrative authority, need the individual to participate in and coordinate. The action of administrative authority, whether or not it is advantageous to safeguard public interests or beneficial to promote individual'rights and interest, also subject to individual'supervision and appraisal.Along with the development of our market economy and reform of political system, split-up of social stratum and plural profit, result in the manifold social contradiction, command and suppress are not sound strategy of solving problems. It will be the better way out that administrative organ together with interested part to negotiate to solve problems. In pace with the change of government function, mostly public affairs transfer to social public organization gradually. Public organization turns into the new administrative principal and help individual to strive to the social environment with consultation on the basis of equality among the administrative course.The establishment of government with service model discard the concept"decide for the people"and build up the concept of service for the people and"decide by the people". Although the value outlook of modern society is the unanimity of the common interest and individual interest, service & cooperation, confidence in each other, the conflict of the interests didn't disappeared. The Standing obstruct, geographical obstruct, language obstruct and psychological obstruct between service and cooperation are still existing. The aspiration & opinion of administrative authority and the demand of individual are not identical fully. The administrative authority and individual should reach complete identity and confidences in each other with consult, dialogue and discuss, to avoid the misunderstanding and conflict.Although the consultation mechanism is of the function with equality, democratic, procedure, diversify and the leading of government, give full play to promoting administrative democracy, bringing about legalization of public welfare, preventing and restraining the social contradiction. There are still some problems in the consultation mechanism, such as information without open, lack participation of the public, seized control, deficient in superintend, all those hinder critically the effect of consultation mechanism, and the service of administrative authority and the cooperation of the public are also hard to carry out efficiently. It is the task of top priority for development of the consultation mechanism to open government information, enlarge participation of the public and superintend power executing.