Legal Thinking Of Standardized Of Administrative Behavior Construction

In recent years, as China's market economic system and the rule of law to improve the development, the deepening of administration according to law, our government administrative behavior standardized building has drawn greater attention. Especially in information technology, economic globalization, intelligent today, how to correctly exercise administrative powers, improve administrative efficiency, it is the era of the administration of the new requirements. This article based on "questions - analysis of the problem - to solve the problem" of the basic ideas, analysis of government administrative behavior problems in standardization and its causes, and on this basis proposed solutions to this problem. In addition to the introduction of outside of this article is divided into four major sections.PartⅠStandardization of administrative actions outlined in the Government, First of all, the administration acts on the Government to set out the connotation of a standardized, standardization of administrative acts are acts that the Government must comply with the rules (rules), the paradigm, which requires government action must comply with the law and the law. Second, the Government Administration of the contents of a code of conduct, including acts of government administration and implementation of administrative norms, applicable laws, regulations and norms of administration in two parts, the basic content of course is given to the rights and obligations set so that the executive authorities and the individuals, organizations right to exercise their rights (terms), and willingly fulfill their obligations (duty). Thus the Government can put content on administrative actions and obligations into the power of administrative acts. Finally, the Government of the characteristics of standardized administrative acts, including the main specific nature of the legal acts, the unilateral acts of administration, the mandatory administrative acts, acts of administration of the free, In short, the administration acts on the run, are free of charge the principle of payment is an exception.PartⅡStandardization of administrative acts values. First, the Government want to standardize administrative actions in accordance with the law for scale administration, for administration in accordance with the law the concept of countries have different requirements. In Western countries, the administration in accordance with the law has become the rule of law administration, although very different from the name of existence, but its basic content is essentially the same. The author believes that the executive administration according to law are the main organs of government and administration requirements of a public officer, rather than relative to the administration's request, the rule of "official" rather than government, "the people". The executive authorities and their administrative staff, all administrative acts must have a legal basis within the statutory terms of reference will be strictly in accordance with the law practice and procedure administration, once the violation of the law of the administration ought to bear the corresponding legal responsibility, which emphasizes the right of administrative law control. Administration and administration in accordance with the law is relatively law-abiding people are different concepts, according to the law are the executive administration and his staff can only exercise his powers in accordance with the law, administration can be seen in accordance with the law are in fact "law officer." Analysis of administration according to law and government administration behavior. Secondly, standardization of administrative acts of the executive power are the norms. Liberal rule of law in the administration of the country the right time. Traditional theory holds that the executive power are state administrative organs to enforce the law, management of the National Administrative empowerment. This opinion is based on country as "night watchman" Freedom of the capitalist period (National夜警time) formed the background. Modern welfare state, the expansion of executive power. After the Second World War, the new scientific and technological revolution led to further concentration of production, production of highly developed society, the weakness of a purely market storm drain more exhaustive, the Keynesian capitalist countries has been at the leading position, the Government's economic and social intervention and regulation has become the Western developed countries have achieved a dominant position, the Government's economic and social intervention and regulation in Western developed countries has become a common phenomenon. PartⅢStandardization of administrative acts in the construction of the main problems exist. First of all, the normative acts of the Government Administration of the existence of internal factors. The concept of official position is difficult to regulate the government administrative acts of subjective reasons. Several thousand years of Chinese feudal society, a high degree of bureaucratic centralized system so that people can form a strong power-based concepts, awareness of the power of worship, the right idea more than the law also affect us. Establish the rule of law is essentially the executive and his staff have a "supremacy of law" concept, that is, legal activity as the highest standards of conduct, administration in accordance with the law really to do. Secondly, the normative acts of the Government Administration of the existence problem of external factors. Government does not regulate the status of the power of the main政企不分, we are as a general social services and public affairs management and services, and public property as the actual possession of the owner, and in fact become a socialist public ownership or government ownership ownership department. Government functions are not standardized, because of the Government itself has a strong inner impulse to economic expansion, coupled with the government's work with people "economic success", the awareness of and promote the Government's over-the pursuit of economic growth, direct intervention in economic activities. Legal system, one legal system and two systems are not in order, the division of labor is unknown, many door policies, it is difficult to form a joint force. Three institutions are inadequate to monitor. Oversight mechanisms behind, historical experience shows that the powers are not subject to restriction and supervision, will inevitably lead to abuse and corruption. Lack of administrative procedure law, our country has yet to formulate a unified administrative procedure law, the general system of administrative procedures relating to the provisions of the current parts in the Special Administrative Procedure Act, such as "Administrative Punishment Law," "Administrative Licensing Law" and so on, which regulate our government acts of administration resulted in a lot of difficulties.PartⅣImprove the standardization of administrative acts of construction solutions. Improve the normative legal acts of the government administration and regulations; administration in accordance with the law establishing the legal thinking, the liberation of thought is a prerequisite for social change, the concept of innovation is the innovation leader in all. At the time the rule of law, each of our executive authorities and their staff, especially leading cadres, must have the spirit of Teachers Act, from the concept of law and legal thinking, the logic must be in accordance with the law to observe, analyze and solve all the complex social problems. Government acts to improve the administrative law enforcement system, a large number of administration in accordance with the law practice has shown that a sound system of administration according to law enforcement has a vital role in administration. To promote the rule of law, administrative law, administrative law enforcement to improve the current status quo, we must resolve to reform the existing system of administrative law enforcement; set up the executive acts of law enforcement responsibility system, the executive staff of administrative law enforcement in the course of treatment must be in accordance with the law things in order to prevent the law enforcement and safeguarding the legitimate rights and interests of the administration of the relative must be the work of the executive administration must be in accordance with the law. ; Administration acts to improve the government supervision over law enforcement, administration according to law, strengthen administrative law enforcement is the key. In recent years, the status of administrative law enforcement has improved, but still highlight the deep-seated problem. Some of the administrative organs of the law, strictly enforced, the phenomenon of impunity more prominent, the political situation and its lax governance, law and order to relax, is closely related to decree unreasonable. Therefore, in order to take effective measures to ensure that the administrative law enforcement on the situation radically reversed.All in all, in the many forms of behavior, the law is the highest form, the form is the most important. Mandatory legal norms are the most most individuals will not be around any code of conduct. Thus, the legal form of the current emerging relationship between the administration and timely administration norms, all the more urgent and important. Learn from the successful experiences of other countries, increase the penalties for violations of law and discipline officers, and trust in the legal system carefully, so that government officials do not want the Government and its law, the law should not, dare not illegal.