Research On The Legal System Of Administrative Assistance

The system of administrative assistance of the countries, which apply Anglo-American and continental legal system, has basically formed a complete and mature system. In contrast, Chinese system of administrative assistance is not that mature. There are many problems in our current legislation system, also, the issues come from legislation practice is a lot. This article analyzes the legislation deeply and finds out where the problem of the legal system of our country is, in addition, it provides some reasonable suggestions to optimize our country’s administrative assistance system.The solid theoretical foundation is of significance in topic research. Any formation of doctrine or system, must be supported by sufficient theoretical foundation. The article is divided into three parts, the first part mainly introduces the legal basis for administrative assistance. This article has carried on the analysis on different scholars of administrative assistance theory and summed up the difference between the concept, characteristics and the related concept of administrative assistance. From the point of view of the law, the authority and the administrative behavior, the administrative assistance is classified and determined. Besides, by applying the basic principle and administrative law, the specific requirements for the administration is determined from the point of legitimate administrative and procedural justice, accountability unity perspective.Practice is the standard test operation of the system, the second part of the article mainly demonstrates the Chinese situation of lacking of administrative assistance system. Based on the analysis of the case, some administrative bodies are negatively affecting the administrative assistance, some issues are found, such as ultra vires, inaction, factual behavior and buck-passing. Systemizing a great deal of consolidation on the law and summarizing the current situation of our country’s administrative assistance system, some issues found the administrative assistance legislation, such as lacking of operational procedures and dispersed, duty specification deficiencies and other issues.The optimization of the system is not something that could be quickly achieved, the third part of the article puts forward some rational suggestions to improve our administrative assistance in legal system. Learn from the oversea assistance administration system theory, and according to the legislation, some specific situation of administrative assistance and the procedure are determined. On the administrative assistance, administrative assistance proposed review, decision and execution of administrative assistance, and bear the cost of the proposed legislation suggestions. And providing theoretical reference on the identification of the administrative assistance activities in the legal relationship of responsibility, and the legal relief system.This paper uses comparative research method, empirical analysis method, case analysis method, data statistics and other research methods to analysis the cases of Chinese system of administrative assistance and summarize a large number of legislation of administrative assistance. The existing issues in legislation of administrative assistance will be clearly reflected from the form of intuitive. And comparing with the oversea assistance administration theory, some reasonable suggestions on our administrative assistance system are put forward. Good lock to the development of Chinese administrative assistance system.