The Research On The Construction Of The Voluntary Service System In Administrative Law

Administrative non-cause management refers to the fact that citizens do not have statutory or stipulated,commissioned reasons to take the initiative to replace administrative subjects to manage administrative affairs,so that public interests are protected from losses.In practice,managers are often labeled as “good faith” and there is no specific legal provision to determine the nature of the behavior.People’s own damages after the implementation of management practices are often not dealt with legally and reasonably,so that the tragedy of "heroes shed blood and tears" frequently occurred.Although some of the current single-line laws in China stipulate that managers have the advantage of obtaining compensation,most of them are vague provisions that are extremely uncertain and impede their implementation.The state compensation law also lacks related content.Therefore,the construction of the voluntary service in the administrative law can clarify the rights and obligations between the manager and the replaced administrative subject,clarify the statutory obligations of administrative remedy and administrative compensation for the administrative subject,establish the identification and doctrine of liability fixation of the voluntary service.Ascertaining the ways of rights relief to provide the special value of public law,ensure the legitimate rights and interests of managers who have suffered damages in voluntary service can be fully protected.