Legal Study On Administrative Assistance

Today, the administrative law theory and legal system developing rapidly, theboundary of national executive power more clear and meticulous, our social practiceaffairs increasingly complex, administrative assistance which is a way of seeking andproviding assistance among administrative agencies is of great significance to bothadministrative body and administrative counterpart. In extraterritorial areas, somecountries and districts have much more mature theoretical research and legislations,so far, the Chinese mainland has only some vague and indefinite legislative provisionsin some laws, regulations, rules and documents instead of establishing a unifiedadministrative assistance system. Yet, in our country, a large number of administrativeassistance cases exist in practice. Due to the lack of guidance of legislation, so theadministrative assistance operates orderless and unstandardized. On the basis of a lotof reading and thinking about previous studies, the author plans to do a morecomprehensive study on administrative assistance, hoping to do some useful things toenrich related theory and issue the law.The whole essay consists of six chapters, each part of the contents is as follows:The first chapter, introduction part, introduces backgrounds and significance of theissue, present research level, research methods to adopt and expected results. In thesecond chapter, it’s an overview of administrative assistance system. This part definesthe concept of "administrative assistance", analyses the characteristics of it, anddistinguish it from other similar concepts that are easily confused, such as jointadministrative behavior, administrative coordination, judicial assistance, social assistance,and analyses the characteristics of it. Also, there are some classifications onadministrative assistance system. The third chapter describes the theoretical basis ofadministrative assistance, namely, this part clarifies the necessities and value ofadministrative assistance from a theoretical point of view. The author considersadministrative assistance a requirement after state power is distributed to different state organs, ademand of forward development of the market economy, the inherent requirements of positivegovernment, the means to compensate for lack of administrative resources and the needs of the administrative legal supervision. In the essay, the author points out that administrative assistancebe able to help to promote the administrative integration, contribute to improve administrativeefficiency, help to protect the rights and interests of the public, help optimization administrativeenforcement approach and do great help to rule of law. Chapter4elaborates extra-territorialrelevant regulations on administrative assistance, including sides of the legislativetime, the legislative way, the subject that assists, the cases to help or refuse to help,and so on. The countries and regions involved primarily include Germany, Spain,South Korea, and China’s Taiwan region. Chapter5is a perspective analysis of the statusquo of China’s administrative assistance. The author of the article tries to summarize questions atthree levels, the theory, legislation and practice.The last chapter shows the author’s briefimagination of China’s administrative assistance legislation to build. Items such as legislativemode selection, cases administrative assistance applied or not, procedures, the cost who shouldbear, dispute resolution and relief are included in this part.