关键词：非强制 行政行为 意志支配 意志平衡 行政非强制行为
中图分类号: DF31 文献标识码: A 文章编号:
Balance of Will in the Administrative Non-Compulsive Action
CHEN Xiao-Feng ; LI Lan-Tu
Abstract: In the practice of the public administration all over the world, there widely exists the non-compulsive administration action relying on the voluntary consultation between individual and administrative organization. In the UK, it is referred to as “unofficial investigation”; in the US, it is referred to as “unofficial verdict”; in Germany, it is referred to as “non-authorized administrative action”; in China, it is referred to as “non- compulsive administration action”. The different definitions demonstrate the external features at the experience levels of procedure, formulation, public power and legal binding force, etc. But up to now, in the academic field, there is not the analysis carried out on the nature of such actions from the interior: non-compulsive. In this paper, the administration action is regarded as “the expression of the public ideal of administrative subject”, which approaches to distinguish “compulsive” from “non-compulsive”: if “compulsive” means “the control of administrative subject on individual’s will”, so “non-compulsive” will mean “the balance between administrative subject and individual” which further indicates that the nature of the balance is the unity of opposites between the public interest and the private interest. Based on that, the concept of “administrative non-compulsive action” is put forward in this paper.
Key words: Non-compulsive; Administrative Act; Control of will; Balance of will; Administrative non-compulsive action.