Non-mandatory Administrative Act And Its Regulation

In recent years, along with profound transformation of our society, the administrative principle of government has had the huge transformation. Because of that, many flexible administrative actions such as administrative guidance, administrative contract and administrative reward are used widely. This kind of administrative action takes democracy, consultation, benefit induction as its unique portrait, which changes traditional action's compulsory characteristic. The widespread utilization of this kind of administrative action can enhance the democratic government decision-making, information opening and the scientific administrative style. And it also plays great important part in various countries' economy development, social crisis melting and social vigor enhancement, and provides new chance for the administrative law theory development.How to qualify this kind of administrative action becomes an important theoretical question. But, it is a pity that the theorists do not give the explicit response. To regulate this kind of action become difficult, thus affecting the positive effectiveness of this kind of action. From this prospective, the author attempted to qualify this kind of action theoretically and paid much attention to these problems. And the article also used very great length to make a research on the regulation of this kind of administrative action.The article is about 30,000 characters, and includes three parts. It was: Part one: The outline of the unenforceable administrative action In this part, the author defined administrative guidance, administrative contract and administrative reward as the unenforceable administrative action, and made a comprehensive analysis on the concept, characteristics and the origin of the unenforceable administrative action. In the part of defining the concept of the unenforceable administrative action, the author firstly made an review on the viewpoints of researchers in different countries, then analyzed that the non-compulsory of the executive power and the component of the administrative action in order to point that the...