The Research Of Regulation Of The Administrative Official Business Reception

The expense inflation and extravagance as well as some invisible corruption in the current domestic administrative official business reception are serious, they have not only wasted the massive social resources, but have reduced the power of the government and then make a bad influence on social politics and economy. The paper mainly from the administrative law angle, to regulates the administrative official business reception to propose that conforms to the new time our country national condition countermeasure and the suggestion, inflates regarding the containment current our country administration official business reception expense, stops is extravagant and wasteful and so on bad style, has the vital practical significance. Meanwhile discusses the administrative official business reception behavior as an administrative jurisprudence's category, also has certain theory significance regarding the rich administrative jurisprudence theory.The paper analyses the fundamental connotation and the main features of administrative official business reception. Through the analysis of some related statistical data, my thesis illustrates the current tendency of administration official business reception in our country: huge expense, diversified usage and increasing extravagance; the massive and public illegal activities; fuzzy cognition and passive response to the illegal activities. Then I point out that the essence of these illegal activities is the power abusiveness which is caused by the power disassimilation.Meanwhile, I analyze the factors leading the illegal activities from inside and outside angle. The inside factor---inadequate internal control of administrative power contains three aspects: inadequate supervision between the superior and inferior of administrative organ or from administrative department to officials; inadequate administrative culture and incomplete financial supervision mechanism in the administration system. The outside factor---weak external supervision: the restricted power of legislature supervision, vacant relief system of the judicial supervision and powerless social supervision. Furthermore, in this thesis I systematically demonstrate the necessity and feasibility to legislate administrative official business reception. It is necessary because of the legal principle fit for human nature, power attribute and law norm. If not be legalized, the reception activity will make a series of bad effect for the citizens, government and the whole society. It is feasible because of the legal foundation of present adminitrative official business reception and favourable social condition as well as abundant external experience.Besides, my thesis discusses principle selection of the administrative official business reception. It contains internal control principle and external control principle. The first principle refers to the administrative self-discipline, and the second principle includes legality, rationality, open information and supervision. Based on the two principles, I have proposed the related measures to resist the illegal activities after learning from international experience and domestic reform achievement.The internal control system improvement includes: the existing pressure management system reform, balance control mechanism improvement, official behavior norms striction, and healthy administrative culture establishment. On the other hand, the external control system improvement includes to improve the supervision of the legislature, the judicial authority and the social public.At last, the thesis indicates that it is necessary to legislate the unified administrative official business reception and to press on with efforts to supervise the budget review and implementation, and simultaneously to expand the scope of the Administrative Procedural Law and establish the administrative public welfare litigation system, combined with the social supervision.