Study On Legalization Of Administrative Negotiation

There are broad and narrow senses of administrative negotiation. The narrow sense is the external administrative act, which means when the opposite person for administration did minor infringements of the law, administrative shall put forward suggestions to rectify in good time by negotiation. Administrative negotiation accorded with the era of the task of social governance by the "response" to "prevention", it internalized the concept of service administration, also it meets the demand of the citizen participation in administrative. As a form of administrative guidance, administrative negotiation has independent value, which is uncompelled. In the practice of administrative negotiation, there are five categorize, which is decision-making brain man type, disputes coordination type, illegal early warning type, law enforcement settlement type, supervisory punishment type. However, administrative negotiation has led to the alienation of mandatory, excessive tendencies. Police interview and warning system of industry in Taiwan has reference value for the perfection of administrative negotiation. At the time of the legislative conditions have not yet been satisfactions, to achieve administrative negotiation under the rule of law, through the guidance of the basic conception of human rights protection, establish some basic principles, such as administrative negotiation according to law and the credit benefit protection principle and the proportion principle, set up the administrative procedure, in order to regulate of administrative discretion and increase the legitimacy basis of executive power as well. On the judicial relief, we can expand the scope of administrative procedure law and the extensions of public power, as to achieve the goal of protect the legitimate rights and interests of the other party.