Research On The Law-abiding Incentive System Of Administrative Counterparts

Review by the fourth plenary session of the party's 19 "the central committee of the communist party of China about to uphold and improve the system of socialism with Chinese characteristics,promoting the modernization of national management system and management ability certain major issue decision" again "civil law",and emphatically pointed out that "to guide the people do loyal advocate of socialist rule of law,consciously abide by,stalwart defender",the law is the duty of citizens,but due to various historical and realistic reasons,in some cases,civil consciously abide by the law of the initiative and enthusiasm is not strong,this is bad for our country "the government of the country under the rule of law,rule of law,rule of law society" of construction,How to better promote people to consciously abide by the law is one of the long-term concerns of academic and practical circles.In recent years,people have begun to explore the role of positive incentive measures in guiding and encouraging citizens to abide by the law from the past punitive and negative incentive administrative law enforcement idea of forcing law-abiding.The main purpose of this paper is to analyze the application of the law-abiding incentive system in the field of administrative law,combining with the actual situation,to put forward suggestions for the perfection of the law-abiding incentive system in administrative law.The article first defines the concept of the incentive to obey the law in administrative law,and concludes that the incentive to obey the law in administrative law is "a kind of subjectivity activity in which the administrative subject urges the administrative counterpart to consciously fulfill the legal obligations and actively exercise the legal rights".The main types of law-abiding incentive are material incentive and spiritual incentive.The purpose of taking incentive measures is to make administrative counterparts gradually form a positive view of law-abiding to guide their own behavior.This paper analyzes the reasons and reasons for the existence of the incentive system to obey the law in administrative law,including the motivation of the administrative relative person to obey the law and the necessity,feasibility and superiority of the incentive system to obey the law.The paper points out that there are many problems in the actual application of the incentive system of law-abiding in administrative law.For example,the regulation of the incentive system of law-abiding in legislation is too vague and the probability is not strong,which leads to the problem that the administrative subject does not actively fulfill the obligation and the administrative relative people do not know how to fulfill the incentive promise.In the field of relief and supervision,there are still deficiencies.The narrow relief channels will make the administrative counterparts who are in a weak position in the administrative relationship have no way to seek help,forming a vicious circle of disbelief in the law and disobeying the law.At the same time,the lack of supervision will make the administrative organs more likely to do nothing or not actively act.All these situations are not conducive to the implementation of the incentive system of law-abiding in administrative law.On the basis of drawing lessons from other departments' laws and other countries' useful experience,the author puts forward some suggestions on perfecting the legislation of law-abiding incentive system,promoting the implementation of incentive measures and broadening the relief channels.Including :(1)Follow the principle of leading public interest,the principle of combining material incentive with spiritual incentive and the principle of appropriate reward to perfect the relevant legislation,and guarantee the legality and fairness of the law-abiding incentive measures.(2)Improve the implementation of law-abiding incentive measures,such as clearly stipulating the implementation subject and responsibility subject of the incentive measures,making the power and responsibility of the incentive measures clear,forcing administrative organs to actively perform their functions and powers,forming a system with clear responsibilities,allowing administrative counterparts to turn to legal and abide by the law;Improve the compliance incentive system in the cash procedures,to avoid the policy or law in effect,so that the incentive system can really play an incentive role.(3)To broaden the relief channels,the action ability of the incentive measures for non-performance should be clearly stipulated in the law.At the same time,as the incentive measures are non-compulsory and involve a wide range of characteristics,the relevant non-litigation relief system should be improved and included in the category of administrative public interest litigation.Through the improvement of relevant systems,a virtuous circle of incentive and relief will be formed,so as to better play the role of law-abiding incentive system and construct a civilized lawabiding social order.