On Regulation Of Administrative Assistance Process

The administrative assistance is not only the request and the help behavior between the main body who requests and the main body who is requested, but also the dynamic process in which the main body who requests, the main body who is requested and the relative people of the administration participate together and influence each other. The regulation of administrative assistance process is to use the legal system to standardize the various forms of expression and states about the interactions and mutual influences that take place during the course of the main body who requests, the main body who is requested, the relative people of the administration and the other subjects start, operate the administrative assistance and accept the supervision. This thesis takes"on the administrative process"as a visual angle, using semantic analysis, value analysis, comparative analysis, analysis of real example, normative analysis, systems analysis, chart analysis and the other methods to discuss the regulation of administrative assistance process. The issue has important theoretical value and practical significance. We will get many experience enlightenments through the comprehensive survey of the legislative practices in the countries or areas all over the world on the regulation of administrative assistance process. The various current legislation of China's mainland has more or less involved the administrative assistance, but the most legal provisions are the clauses of sense of principle. In addition, though each area has been using the administrative assistance in practice, the operation is full of confusions. A system framework and operation platform can be provided for the regulation of administrative assistance process in the foundation of the regulation to the questions such as the request for administrative assistance, the conditions of application, request for a review, making decision, the cost burden carrying out the decision, controversial relief, bearing responsibility. In the numerous legislative models for the regulation of administrative assistance process,"comprehensive related stipulated model"is a feasible one. For this reason, a legal manuscript of legislative proposals is designed - the"PRC Administrative Assistance Act (the draft proposal)".