Research On Administrative Negotiation System

After Hong Kong's "coffee drinking" system was introduced into the mainland,administrative negotiation were first introduced in the tax field in 2002 and then widely applied in various fields.Scholars have studied the nature,scope,predicament and countermeasures of administrative negotiation,and there are still disputes about its nature and scope,including the theory of administrative legal act,the theory of administrative factual act,the theory of administrative contract,the theory of administrative guidance,and the theory of administrative consultation.Scholars' analysis of the nature and scope of administrative negotiation is mainly based on the legal provisions of administrative negotiation and the practice of administrative negotiation.Based on the inertia of academic research,the academic circle of administrative law mostly adopts the research method of "the form of administrative behavior" and sticks to the discussion of the attribute of administrative interview.In view of the shackles of "the form of administrative behavior" on the study of administrative interview and the construction of system,the study of administrative interview system needs to open a new perspective and find a new research paradigm.Administrative negotiation has to be carried on by negotiation,this article lists the main body of administrative negotiation all participate in the negotiation situation,and analyzes its feasibility and necessity,it is concluded that administrative negotiation system is to improve without supervision and subordination belongs to negotiate cooperation between administrative subject,thus forming a more formal cooperation,promote the administrative coordination management system of a social problem.Administrative negotiation can reduce conflicts between unsupervised and unaffiliated administrative agencies,promote collaborative governance,and improve the overall governance level of the government.By negotiating to the administration laws and regulations,combing practice analysis,this paper points out the plight of eight administrative negotiating,including the negotiation subject status inequality,negotiation the applicable scope is too broad,loss of administrative cooperation culture,low quality of the individuals and the interests for negotiating,lack of external support,information sharing and negotiating the implementation effect is difficult to guarantee.In view of the above problems,this paper puts forward corresponding Suggestions.