Flexible Administrative Action Institutionalized

Soft Administrative Acts refer to those administrative acts which are agilely, timely performed by administrative organs and organizations authorized by laws and regulations, pursuant to their responsibilities and competences without the compulsory obedience and acceptance of administrative counterparties. Administrative subjects use planning, guidance, reward, contract and other non-compulsive, soft methods to make the administrative counterparties to do or not to do something, to achieve specific administrative purposes and realize the purpose of organization and management of the national and social affairs. Soft Administrative Acts generally include administrative guidance, the administrative contract, administrative reward, administrative planning, and administrative mediation and so on. In a manner of speaking, this kind of acts correspond the idea of modern Service-oriented government and democratization trend while they are also the government’s inevitable choice in management innovation. However, because the relevant institutions are not perfect and mature, such as absence of legal institutions, policy institutions generalization, work system inefficient implementation, there are also certain negative effect in the administrative management practice.This paper attempts to sort out general theory of the Soft Administrative Acts and study the values of Soft Administrative Acts institutionalization. The institution system consists of legal, policy and work institutions, so as to construct the "tough and soft","macro and micro" institution system. After that, it summarizes the present legal system, policy system and work system and tries to discovery the problems. Then it analyzes several advantage local institutions of Quanzhou-Jilin, Jiangsu, Hunan, Shandong and draws on the advanced experience of Japan, South Korea, the United States and other countries. At length, it researches and explores the ways to build and improve the "three-in-one" institution system of Soft Administrative Acts, in order to promote the development of the Soft Administrative Acts toward institutionalization and standardization.