On The Obligation Of Administrative Law

The accompanying obligations is a relatively new and significant subject in the field of Chinese executive law.At first,the theory of adjunctive obligation comes from the German doctrine or jurisprudence.Our scholars are also committed to exploring the accompanying obligations and have achieved some success,but only in the civil field.With the change of the times and the process of the rule of law society,the connotation and scope of the accompanying obligation can't meet the current theory and judicial practice.In order to give new content in the era of adjunct obligations,some scholars began to study the administrative law of the accompanying obligations,that is,administrative compliance obligations.Based on the civil implied obligation theory,it has gone from the field of private law to the field of public law development,and gradually legalized,but also in line with the relevant laws of system transplantation,which also laid the legal basis for the legalization of administrative obligations.In this article,the administrative adjudication obligations discussed in the narrow sense,rather than in the broad sense.The so-called administrative obligations in the narrow sense only refer to the administrative adjunct obligations of the administrative organs.This article also elaborates only the administrative and administrative obligations of the administrative organs.The existence and development of the administrative adjunct obligation has its legitimacy and legitimacy,which mainly depends on the principle of proportionality in the administrative case in the concrete application.By reading the case of the Supreme People's Court's bulletin case and guidance case,there have been cases in which judges have applied the relevant theory of administrative adjudication,which undoubtedly reveals to us the importance and necessity of studying it.Therefore,the effect of the acknowledgment of The accompanying obligations to the rule of administrative law is obvious.For example,it will actuate the improvement of legalization of administrative authority,the responsibility of administrative agency and the concept of rule of administrative law,which will be beneficial to protecting people's interests and execution of administration.Combined with existent legislation and judicature,the thesis tries to analyze and explore the development of The accompanying obligations in the following aspects:the evolution and theory of The accompanying obligations,its partition of type and consequence of lawbreaking etc.The thesis falls into four charters:Charter one is the basic theory of The accompanying obligations;Charter two probes into the administrative adjunct obligations in practice,the specific type of division;Charter three analyzes the consequences of violation of The accompanying obligations;Charter four elaborates the suggestion of the legalization of the administrative obligation.