Research On Legalization Of Administrative Consultation

Administrative law theory research requires positive response to new problemsin the administrative activities. When focus on consultative democracy theory andpractice become a hot spot in the field of political science, administrativeconsultations as an important part of social negotiation, has led to the administrativelaw scholars keep silent. From a national point of view, in order to prevent theinherent risks of the democratic system, we must fully explore the diverse forms ofdemocratic practice; take advantage of consultative democracy to assist electoraldemocracy, and construct an excellent and stable nation structure. From a governmentpoint of view, the changes in administrative philosophy and service functions demanda new change in the traditional governance model, and the public power executivesand the private rights advocates need through administrative consultation to expresstheir values and solve benefit conflicts. From the citizen’s point of view, the constantimprovement of the form and content on right is an important manifestation of theprotection of human rights, universal participation in the sacred public utilities is thehigher spiritual pursuits of the citizens of the country of the rule of law. From thepoint of view of academic research, the concern of the problem has its realisticsignificance in the future, unsuccessful exploration also can promote the accumulationof experience; there is no reason avoids discussing administrative consultation.However, the administrative consultation has not led to a heat discuss. In myview, the failure to gain attention possible out of the following reasons: limited timeand effort of scholars; the interaction between the principals of the administrative Lawis broad and flexible, and the concept of administrative consultation is difficult todefine; this meso-level proposition located on an awkward position, the upper andlower proposition did not mature; the administrative consultation practice is confusingand difficult to systematize.This thesis is composed by three parts: the introduction, the body and theconclusion. The Introduction part introduces the research status and author’s startingpoint. The body part has four chapters totally: The first chapter introduces the variousforms of administrative consultation practice and the existing problems, as well as putforward that we need a breakthrough both in concept and academic; chapter two maindiscuss the concept of the administrative consultation; Chapter three reveals thatadministrative consultation is full sense of the administrative act, put forward thatadministrative consultation as a procedural mechanism has the institutional functionto balance and the necessity for the affirmance of the legal system; Chapter four putforward the main countermeasures in legalization of the administrative consultations.