论非强制性行政行为-法律学专业论文.docxVIP

1 1 2 2 Abstract The traditional public administration and administrative law is a concept based on public-private division, public opposition. Chinas legal system is based on the National Center construction, which leads to the national law; construct a body confrontational relationship in logic design. Mandatory, unilateral, free attributes such as narrow definition of administrative action to create in this concept in is not in accord with the administrative practice, gradually by questioning and reflection. Administrative guidance, administrative contract, administrative incentives, administrative mediation is the consent of the parties and does not have the external mandatory, command characteristics of administrative activities of administrative subject attention day by day. The basis of this study in the research of administrative law in China scholars on the non mandatory administrative acts put forward their ideas and suggestions. This paper can be divided into four parts; the specific contents are as follows: Part1: the overview of non mandatory administrative acts. In this part, the author first determines the non compulsory administrative act applicable context; concept is to determine the non mandatory administrative acts in the theory of administrative behavior under what. Under the background of this article discusses the concept of non-mandatory administrative behavior, characteristics, composition and legal effect. The formation of the non mandatory administrative acts more reasonable, comprehensive impression. Part2: the analysis of non mandatory administrative value. In this part, the author briefly discusses the non mandatory administrative acts of administrative democratization, the functions of the government and make up the mandatory administrative behavior problems of function value. Make clear to the non mandatory administrative acts of the significance of the study, pointed out the direction for our public administrative reform. Part3: the