Administrative Relief Discussed

The administrative assistance is the administrative matter help, the administrative behavior that administrative subject that is responsible for assistance legally in the old, the disease or the losing labour capacity, and the other urgent situation, offers the corresponding concrete administrative behavior according laws and regulations. The purpose of administrative assistance is to offer help for the specific citizen. The administrative assistance by "the managing theory" in implementing actually often deviates from its goal and even encroaches on the citizen's rights and interests. In the adminstrative assistance under the idea of "governing theory", the function that the law maintains citizen's rights is quite weekened. The country only safeguards and confirms citizen's rights passively. The administrative organ use the governing and command method.The enactment of The Management Method of Salving those Roaming and Begging People in the City who do not Have Basic Life Substance has demonstrated the transition of modern administrative conception from management administration to service administration. The latter kind of administration not only means the performance of administrative powers, but also, and more importantly, includes providing service to the citizens, which can furnish a good chance and platform for us to make further research on the theory of administrative assistance.The concept of service administration believes that the relationship between those administrative subjects and the citizens is a kind of service relation in which the administrative power amounts to both the power and the obligation of providing service. The notion of service administration means that when government agency executes administration activities in the system structure of democracy and ruling by law and under the background of market economy, much more importance shall be attached to the will of the public in the whole society and the behavior of the government should more effectively respond to the need and interest of the citizens, press closer to the characteristics of the public and be responsible for the general public of the society. During the course of inter-influence between the servers andthose who accept the service provided, information exchange from both sides can be realized and agreement could be reached through mutual negotiation. At the same time, those people being served are entitled to enjoy the right of selecting the service and the server. In essence, modern administrative law can be regarded as the law of service administration whose valuation tendency is to safeguard justice in the society, promote the welfare of the society and realize the goal of a law-ruled society. The public interests represented by administrative organ is not special profit to be enjoyed by itself or its staff, but some benefits to be distributed to the public people for enjoyment and to be used for ensuring personal good.Our country is a socialist nation and all powers of the state belong to the people whose mechanism to perform powers includes those authoritative organs at all levels of the government. All those administrative organs of the state derive their power from and are responsible for relevant authoritative organs. Meanwhile, all staff of administrative organs of our nation, whether their official position and obligation concerned is high or low, shall be regarded as public servants of the people. Our country is in the course of transforming society currently and the founding and development of socialist market economy system has caused the transmission of governmental functions, under which circumstance the government does not conduct omni-bearing management and control over the whole societal life. The separation of the government and enterprises has made various kind of behavior subjects in the society obtain relevant autonomous right and the main duty of the government, apart from some necessary regulation to upkeep social order, has changed into the function of societal service, especially emphasizing the protection of citizen's basic rights such as liberty, property, survival and safety, etc. According to the viewpoints of service theory, the administrative law must urge administrative organs to develop its functions of providing service and convenience to the people. It also holds that the administrative law not only is a standard system which can guarantee the effective performance of national administration management, but also shall try to form a public law system that both can ensure efficient exercise of administrative power by making some fairly reasonable rules on such aspects of administrative power as its acquisition, contents, dividing and performance, etc. and can upgrade the just exercise of administrative power so as to safeguard lawful rights and interests of the citizens. In conclusion, the duty and responsibility of administrative organs in our nation is toserve the people. The relationship between administrative organs and the people consists of providing and accepting service, which shall be the objective basis of administrative legal institutional construction in our country. At present, our nation has not yet made a unified and consummate enactment on administrative assistance system except for some scattered provisions about the issue in relevant laws, regulations and standardized documents. The establishment of market economy system and the transmission of governmental functions have made the cause of protecting citizens' rights more and more important. Under such circumstance, it is eminent to constitute a unified and perfect administrative assistance system. As far the domain of administrative assistance is concerned, the writer deliberates that we shall implement the following principles: the doctrine of administration by the law, the doctrine of due process, the doctrine of administrative benefit and the doctrine of reliable protection.