Research On Non-mandatory Administrative Action

Since reform and opening-up,the Chinese government to safeguard social stability and promote national power,made many policy documents,to regulate the behavior of national social and economic behavior,and rely on state coercive power to ensure that the policy implementation.But with the rise of a service-oriented government and ruling for the people,people-oriented thoughts advocated extensively,this "command obedience" model as the basic way of administrative behavior clearly applies to today’s administration,administrative means oneness,mandatory administrative purpose and content of administrative imperative,make our government gradually,the disadvantages of compulsory administrative ACTS the role of the government enforced in today’s society and strength obviously weak.In such a background,the non-mandatory administrative behavior becomes the primary advocate academic and policy circles administrative measures,administrative guidance,administrative contract,administrative award,administrative mediation and other new type non mandatory the use of administrative behavior management,not only overcame the traditional administrative means is difficult to accepted by the administrative relative person’s faults,and on the concept complied with the requirements of democratic administration,service administration.But at the same time,there are many problems and deficiencies,based on chaotic behavior,behavior abuse problems such as insufficient transparency,behavior,operating procedures,a serious impediment to the full realization of the superiority of compulsory administrative ACTS.The compulsory administrative behavior in practice are presented in this paper analyzes some problems and deficiencies and research,hope that through the research and analysis,find out the key to solve the problem,let the administrative idea more perfect,more in line with the will of the people,so as to contribute to the construction of a service-oriented government.First of all,this article obtains from the basic concept,the connotation and characteristics of the full,this paper provides a good theoretical basis for subsequent research.On this basis,analyzes the value of the mandatory administrative act,think not compulsory administrative behavior can not only fill the blank of the law,rich administrative means,and can promote democratic administration,improve social relations;Can promote the transition of the government function,and can reduce administrative costs,improve administrative efficiency,but also can fully arouse people’s subjective initiative.Second,in administrative guidance,administrative contract and administrative award,administrative service,for example,expounds the present situation of compulsory administrative ACTS,find out the problem of compulsory administrative act,the administrative subject lack of consensus,lack of scientific system of constructing,behavior operation procedure,open and transparent enough and imperfect supervision mechanism,further analyzes the reasons of the existence of these problems,and the administrative,administrative behavior,people attaches great importance to the extent on the basis of incomplete,imperfect administrative procedure regulation,administrative supervision mechanism is not in place.Finally has carried on the thinking,to improve the mandatory administrative ability is put forward to improve the administrative subject,improve the level of the mandatory administrative science,increase the transparency of the mandatory administrative process,and improve the mechanism of administrative supervision.