行政协助机制初探

A Preliminary Study of Administrative Assistance Mechanisms

行政主体在从事行政管理活动时难免会由于自身原因或外界条件的限制无法独自完成行政管理任务,通过行政协助克服行政主体遇到的困难,对降低执法成本、提高行政效率有很大的积极作用。然而,我国有关行政协助的立法存在很大空白,理论界的研究成果也存在很大差异,有必要通过理论分析和规范分析完善行政协助机制的理论研究。本文通过理论分析,确定行政协助的概念和种类,即行政协助是行政主体在法定职权内,对因履行行政管理职权的需要且与其没有隶属关系而提出请求的行政主体,依法给予帮助的行为。通过对法律规范的分析,发现我国行政协助立法存在的问题,立足现有制度规定和理论研究的基础上,对完善行政协助机制提出设想。

Administrative subjects are inevitably unable to complete administrative tasks due to their own reasons or external condi-tions when engaging in administrative management activities. Overcoming the difficulties encountered by administrative subjects through administrative assistance has a great positive effect on reducing law enforcement costs and improving administrative efficiency. However, there is a big gap in the legislation related to administrative assistance in China, and there are also significant differences in the theoretical research results. There is a need for theoretical analysis and norma-tive analysis to improve the theoretical study of administrative assistance mechanism. This paper through theoretical analysis, determines the concept and types of administrative assistance, that is, administrative assistance is the administrative subject in the legal competence, for the performance of the administrative management of the needs of the administrative subject and no affilia-tion with the request of the administrative subject, according to the law to give help to the behavior. Through the analysis of legal norms, it is found that China's administrative assistance legislation has problems. Based on the existing system provisions and theoretical research, suggestions are pro-posed to improve the administrative assistance mechanism.