| The function and the merit of modern administrative law lie not only on safeguarding the public interest , but also on safeguarding the legal interest of individual party . The administrative act of interaction is the main type and fashion of executive act to realize the function and the merit of the administrative law . Although the literati has made much research on some separate fashions of the administrative act of interaction , the literati is short of research of the whole theory on the administrative act of interaction . This article makes positions and functions of the executive agency and the individual party in the process of administrative acts as the clue , try to analyze some basic theories of the administrative act of interaction , including connotation , range , rules of effect , administrative remedies and so on .To go after the balance between the public interest and the legal interest of individual party , the executive agency and the individual party provide information for each other during the process of administrative act , create conditions to convenience the other party taking corresponding acts , the parties gain the resource and information they need by negotiation . They make functions in different levels on establishing of act , the content and purpose , the act provided with these features is named the administrative act of interaction . There are four elements to constitute an administrative act of interaction : executive power , expressing opinion , administrative discretion and the common existing of different interests in legal purpose . The principles that must be followed including the principle of legitimacy , the principle of protecting reliance interest and the principle of acceptability . The emerging of the administrative act of interaction has been challenging the administrative law . Making the effects of the administrative act of interaction for the individual party as the standard , the administrative act of interaction is divided into three types : conferring , burdening and mixing administrative act of interaction . Not all conferring administrative acts of interaction belong to the family of the administrative act of interaction . The principle of law reserving is supplicated generally in burdening executive acts , conferring administrative act of interaction should not abide by the rule of ascertain force .The individual party of the burdening executive act should undertake limited duty and abide by the rule of ascertain force . Making the effect that the parties'subjective desires in administrative act's formation , process and the realization of the administrative act as t he standard , the administrative act of interaction is divided into three types : acceptable , encouraging and processing administrative act of interaction . With the change of the individual party's legal status in the executive relation from object to subject , this change affects the distribution of rights and obligations of executive remedy system ,the executive remedy system is changing more variegated , it pays attention to the negotiating process , it emphasizes the parties'subject in the structure of legal duties , the elasticity of the remedy methods is added . The negotiation between the parties realize the variegation of executive remedy system .When the parties can't reach the agreement, the dispute engenders . The remedy system of the administrative act of interaction should be a complete remedy system that different remedy fashions are integrated and variegated . The remedy system should add new methods into it's system to make remedy system perfect , including compromise , and reconciliation by the arbiter , the level of specialization of the arbiter should be improved , the remedy system must stick to the principal so that judicature's adjudication is the final remedy method .This article adopts mainly next methods to analyze :(1)Analytic method of practice , this article analyzes the model administrative acts of interaction through analyzing cases that court have judged and information that medium has reported . (2) Analytic method of specification , this article analyzes the reason that the administrative act of interaction can emerge , it's rules of effects , it's trend and so on . (3) Analytic method of contrast , this article analyzes rules'advantages and their disadvantages to establish scientific and reasonable system by comparing related rules of different nations and regions .In addition , this article take advantage of analytic methods of other sciences , such as analyzing the individual party's functions during the process by analyzing absorbing the principles of democratic theories , to negotiate the relation between the executive agency and the individual party with the method of interest delegate modal and cost—benefit analysis modal . |
