On The Construction Of Administrative Negotiation System

As a combination of administrative legal theory and consultation system, theadministrative negotiation system build a rational communication and the interests of gameplatform for the administrative subject and the administrative relative person. As a kind ofadministrative procedure, administrative negotiation system is designed to prevent and reducethe possibility of administrative disputes, while blocking possible subsequent relief links,saving administrative and judicial cost. The construction of administrative negotiation systembreaks the previous too much importance to the relief, and turns to the breakthrough point of“prevent disputes” as systematic construction. The administrative negotiation system, whichis constructed, based on “agreement” idea and Habermas “communicative rationality”,remodel the ties between administrative subject and the administrative relative person.Compared with existing systems, the administrative negotiation system has the independentvalue, which gives the administrative relative person more discourse space, at the same timesupervises the administrative subject and protects the public’s right to know. Theadministration negotiation system as a kind of “good governance” enjoys high feasibility ofconstructing, the utility of which is that from the micro it can not only improve theadministrative relative person acceptance of administrative decisions, but also can make theadministrative subject and the administrative relative person enter a benign cycle from"antagonism" to "cooperation", and from the macro it is the urgent need to improve currentsocial condition that administrative dispute is frequently and easily found,moreover, it is abeneficial attempt of social management mode from "management" to "governance", also adevelopment and perfection on the current administrative theory and practice.The article is divided into four chapters, the first three chapters are the part of theoryconstruction of administrative negotiation system, and the fourth chapter is the concreteconstruction part of administrative negotiation system.The first chapter mainly relates to the background of the rise of administrativenegotiation system. The author proves respectively from the dimensions of economic,political, cultural and social the rise of administrative negotiation system and shows that thesystem has its soil of construction in the current, consistent with the inherent requirements ofthe state and the society. It is necessary to construct. The second chapter mainly involves the basic principle of administrative negotiationsystem. The author starts with the change of administrative legal theories, puts forward thephilosophical basis and the political basis of administrative negotiation system construction,and then based on the arguments about its concept and characteristics, explains theoreticalorientation and function value of the system, at last completes the description on the basicprinciple of administrative negotiation system from the different aspects.The third chapter mainly relates to the feasibility of administrative negotiation system.The author proposes to prove mainly: on one hand, that the construction of the system doesnot break through the current frame of basic law-based administrative principles, and theperform of administrative negotiation has not shaken the basis of public power, on the otherhand, that the system can be accepted and executed by the administrative subject and theadministrative relative person. Therefore, the author proves the feasibility of administrativenegotiation system through three aspects of law, negotiation and ethics.The fourth chapter mainly relates to the concrete construction of administrativenegotiation system. Based on the above argument, the author carries out the demonstration inthe form of “general–branch”. The general part mainly involves the basic issues such as thequalifications, negotiation object, time and place, negotiation procedure and validity,negotiation documents; the branch part puts administrative legislation and administrative lawenforcement activities as the representative, concretely constructs the process of theadministrative negotiation system, including negotiation participants, negotiation range andconcrete steps. At the same time, to guarantee and supervise administrative negotiation system,through the analysis of different circumstances, it proposes relative guarantee and supervisionmeasures to ensure the smooth development of administrative negotiation system.