Research On The Non-mandatory Administrative Action

The traditional public administration and administrative law is a concept based onpublic-private division, public opposition. China’s legal system is based on the NationalCenter construction, which leads to the national law; construct a body confrontationalrelationship in logic design. Mandatory, unilateral, free attributes such as narrow definitionof administrative action to create in this concept in is not in accord with the administrativepractice, gradually by questioning and reflection. Administrative guidance, administrativecontract, administrative incentives, administrative mediation is the consent of the partiesand does not have the external mandatory, command characteristics of administrativeactivities of administrative subject attention day by day. The basis of this study in theresearch of administrative law in China scholars on the non mandatory administrative actsput forward their ideas and suggestions.This paper can be divided into four parts; the specific contents are as follows:Part1: the overview of non mandatory administrative acts. In this part, the author firstdetermines the non compulsory administrative act applicable context; concept is todetermine the non mandatory administrative acts in the theory of administrative behaviorunder what. Under the background of this article discusses the concept of non-mandatoryadministrative behavior, characteristics, composition and legal effect. The formation of thenon mandatory administrative acts more reasonable, comprehensive impression.Part2: the analysis of non mandatory administrative value. In this part, the authorbriefly discusses the non mandatory administrative acts of administrative democratization,the functions of the government and make up the mandatory administrative behaviorproblems of function value. Make clear to the non mandatory administrative acts of thesignificance of the study, pointed out the direction for our public administrative reform.Part3: the problems of non mandatory administrative behavior in practice. This part ismainly through the study of non mandatory administrative acts in our country’s actualsituation, summed up the problems in the practice, the necessity of the legal regulation ofnon mandatory administrative acts.Part4: the legal regulations for the non mandatory administrative act. There is a greatdifficulty to make the entire non mandatory administrative acts in the present. The author can only simply describe the ideas that to make the non-mandatory administrativebehaviors become a kind of system. The characteristics of non compulsory administrativeact itself decide on non compulsory administrative act legislation principles, legislation andimplementation of unified difficult. The author thinks, the legal regulation of noncompulsory administrative act must follow the principle of administrative law; the ruledesign should focus on process rather than entity; legal liability has two sides, theresponsibility of various types, applicable and should pay attention to the responsibility ofsetting and the civil service performance appraisal system to connect; the supervision andrelief hand, first of all to the non compulsory administration into monitoring system ofexisting and relief channels, at the same time, in view of the existing relief and supervisionsystem is unreasonable, not part of reform and improvement.