The System Of Administrative Assistance

As one way of the cooperation between different administrative organs, assistanceadministration (AA) often exists in the administrative procedure, which is familiar tothe administrative organs. In this article, AA is the important content of theadministrative efficiency principle, and the necessary supplement to the limited powerrule of the administrative law subjects. Its being raised to one legal system should becontributed to the development of the administrative law system in civil law countries.But during the process of enacting Chinese administrative procedure law, thedevelopment of Chinese administrative law theory provides the precious chance tostudy AA. When the administrative "rule of law" advocated and runned in China, we couldfind that lots of AA practice exist in the field of administration act such as tax, pubicsecurity. And being lack of necessary law regulation and procedure restriction, AAvirtually just relies on a set of latent rule produced spontaneously by the administrativeorgans, which caused chaos, inorder, inaction, arbitrariness and other disadvantage. So itis necessary to regulate bad assistance administration, to improve administrationefficiency, and to safeguard people's rights through making a thoroughly theory study.At the same time, investigation about this legal system of AA will also benefit thetheory on "rule of law" in China. Based on the requirement of both theory and practice, this paper contents fivechapter, making an introduction to the AA system. It mainly analyses the study meaningand the function of system, according to the experiences of other countries and areas.Therefore, this article summarizes the basic theory of AA system and tries to construct asystem in order to perfect China administrative law system. Chapter one is to explain the theory of AA and to analyze the system function. Inthis article, AA is an important legal system with the development of administrative law.Under the guidance of efficiency and cooperation, AA has many new systematicfunctions to which should be paid more attention. Chapter two is the basic theory of AA. It includes the concept, character andclassification of AA, then compare the relationship between AA and other relatedsystem. So the purpose of this part is to unite the notions, which served for laterinvestigation. Chapter three is to review the AA by comparison with the different legal systemsand countries. This paper introduces the every explicit procedure of AA, and analysesthe each aspect of AA system. Chapter four is to analyze the practice of AA in China. Linked with the practicinglaw rules and the abnormality of reality, this paper makes an introduction to thetheoretical analyze, and indicates the direction of our effort. Chapter five is to conceive of the construction of AA system in our country. Thispaper sets up a systematic unity including the improvement of administrativeorganization, administrative procedure, administrative enforcement and other specifiedlaw or regulations. The purpose of this article is to serve the system construction byassimilating theoretical analyze and theoretical conclusion.