Traditional administrative law pays more attention to the legality of administrative behavior，Focus on observing administrative power from the perspective of the court，More emphasis on the control of the law for administration，But with the development of administrative law and changes in the times，Under the premise of abiding by administrative legitimacy，It should be based on the constitution，To pursue the goal of "correctness"，Explore how to reform administrative behaviors，Effectively achieve administrative tasks in accordance with the law。

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In the knowledge spectrum of administrative law，More on the legality of administrative behavior，and what is an administrative task，How to achieve administrative tasks，Failure to observe enough，Or the scope of administrative tasks in order administration。But the development of administrative law depends on administrative tasks，Administrative tasks are administrative tasks and administrative power in accordance with the law，National task completed by the administrative subject。What is "completed" task，There is no clear definition to this，Because this includes various forms of implementing administrative tasks。Actually，Constitution sets national goals，Pointing out the intention of the Constitution，The state gives special attention to these policy areas，These regulations surpass the individual details and related legal worlds in various specific fields，Makes the country think about the long -term behavior and development model of its task field。So，It is necessary to combine the constitutional norms and the principles of the constitution，Explore the constitutional foundation of different administrative tasks，Then analyze the legal role of the administrative organ when performing the administrative task。

Taking order administration as an example，"Constitution of the People's Republic of China" (hereinafter referred to as the Constitution) Article 15, paragraph bet365 best casino games 3, paragraph 3，"The state prohibits any organization or individuals from disturbing socio -economic order in accordance with the law"。Article 28 of the Constitution，"National Maintenance of Social Order"。"Constitution" Article 53 requires citizens to "follow public order"。Observation of the protection of basic rights，Administrative needs to provide protection for security and free order，To ensure that citizens are in other groups with society、During the personal interaction process，Its interests are not invaded by other subjects。This highlights the necessity of order administration。Order Administration is the most traditional、The most typical administrative type，Its purpose is to maintain social order and national security，and exclude the harm to citizens and society。Administrative subjects can pass punishment、Force and other forms，Take a means that may limit the right to freedom of citizens，The task of achieving order administration。

Take administration as an example，Article 14 of the Constitution stipulates，The state establishes and improves the social security system that is compatible with the level of economic development。Article 44 of the Constitution，The life of retirees is guaranteed by the country and society。Article 45, paragraph 1, paragraph 1 of the Constitution stipulates，Citizen is old、Disease or loss of labor，It has the right to help from the country and society;，The national development of the country is the social insurance required for citizens to enjoy these rights、Social relief and medical and health care。Under these goals guidance，Administrative responsibility should be assumed，Perform the task of providing survival care for the public。With the high development of society，Administration is not just a negative maintenanceer of social order，It should also provide active services for citizens to realize the right to survive，Administrative administration that undertakes this service function is called payment administration。You can pay through administrative payment、Administrative contract、Welfare vouchers and other forms，To achieve the corresponding administrative task。

Take administration as an example，"Constitution" Bet365 app download preface mentioned "scientific development concept", "development of socialist market economy", "implementing new development concepts"。"Constitution" Article 7、Article 8、Article 11 stipulates that the state's development of a state -owned economy、Obligations of the collective economy and non -public ownership economy。Article 14 of the Constitution stipulates，The country's "Development of Social Productivity"。The report of the 19th National Congress of the Communist Party of China also pointed out，"More prominent issues are the imbalance in development，This has become the main constraint factors that meet the needs of the people's growing good life "。Administration can be under the premise of respecting the parties' independent decisions and meeting their profit needs，Take development measures to promote the parties to follow the intention of administrative development，Actively exercise the right to economy civil freedom，To solve the effectiveness and inefficient problems that the market may occur in the government development policy。The form adopted can be administrative guidance、Delive、subsidy、Public and private cooperation, etc.。

　　Administrative tasks change and administrative behavior reform

Traditional discussion of more administrative penalties、Administrative Compulsory、Administrative acts such as administrative license，Methods that limit the rights of relative person or increase the obligations of the counterpart，Administrative tasks that prevent the incidence of harm or maintain public safety and social order。Through order、Forbidden、License retention or punishment deterrence and other means，It has a certain impact on those who are regulated。In the system design of the "Administrative Penalty Law", "Administrative Compulsory Law" and "Administrative License Law" in my country，More thoughts that reflect control，Practice the "abuse" of the administrative power to control the administrative power，Preventing abuse of administrative power，But relatively ignored how to prevent the "soft" of the administrative power，How to effectively exercise administrative power。Traditional administrative law focuses on observing administrative power from the perspective of the court，More emphasis on the control of the law Bet365 lotto review for administration，Emphasis on the external legal relationship between the administrative organs and the relative person，Can't respond to the challenge to effectively perform administrative tasks。

The construction of the traditional administrative law is based on the administrative procedure law of administrative acts、Exquisite concepts of administrative procedure law and administrative entity law，But in order to better realize administrative tasks，Many relatively novel administrative behaviors have appeared today，For example, standard formulation、illegal facts announced、Force information disclosure、Frank Contract、Interview, etc.。How to analyze the basic model of these administrative tasks，Grasp the application and change of the basic principles of administrative law，Is an urgent need for a topic。New Development of Administrative Law，In addition to emphasizing the application of traditional law interpretation methods，Methods to integrate effect orientation and results，Let the administrative law become the effect of "reaching hope，and a tool that avoids unwilling results "，Its academic character is not just applicable to law，and involve the choice of attention to legislative policies，Involved in action of action。With the change of administrative tasks，Not only should we consider the constraint of administrative behavior in accordance with the law，It should also be considered "as an administrative law for regulating science"，Application includes cost income analysis、Comparison of policy assessment tools，Judging from the existing legal system from policies，Compared with different administrative behaviors from the perspective of implementing administrative tasks。

The form of administrative behavior should be regarded as useful、indispensable regulatory means。Consider how to "perform administrative tasks in reason"，Under the guidance of care here，Administrative Law can more detailedly to analyze the methods of various administrative tasks in administrative agencies，Motivation of various actors in individual tasks、Function and responsibility allocation，and the form of behavior developed by this、Organization、The overall regulation mode bet365 best casino games composed of the degree。By exploring different regulatory subjects、Object、The relationship between the media and the means，Can further analyze the advantages and disadvantages of various regulatory ideas，Analysis of how to strengthen the regulation of administrative law。

　　Choice of administrative process theory and administrative behavior

Traditional administrative law pays more attention to the final legal effect of various behaviors，Relatively do not pay attention to various behaviors and forms in the association，Discussion on the legal nature of a single administrative behavior in each pair of certain administrative behaviors，The so -called local inspection。But the administrative administration is usually composed of a variety of behaviors or chains，or it is necessary to introduce the perspective of administrative process theory，It is expected to understand the phenomenon of administrative law。Traditional administrative law often pays more attention to administrative legal acts，Follow the administrative subject to exercise administrative power for specific events、Unilateral behaviors that directly generate legal effects，But in order to respond to the needs of reality，Many new types of administrative behavior are introduced in practice。Study on these new behavior forms，Fields that helps to expand administrative law research。For a specific system in the administrative process，It may involve the choice between different administrative behaviors，More likely，It is a specific system that is composed of different administrative behaviors and forms.，There is a close association between various behaviors。

Administrative Penalty，Traditional Administrative Law Against Administrative License、Administrative Penalty、Studies in many administrative behaviors such as administrative guidance，More static cut -type split research，However, it ignored that each modern administrative process is composed of a series of nodes，All are intertwined and coupling of different administrative activities in order to achieve a specific policy goal.。To use it as a dynamic administrative process，Fully grasp the entire event and the legal phenomenon in the middle。2，To achieve a specific administrative task，Each node in the administrative process，You can choose this or the other administrative activity method。You need to study how to target different administrative areas、Regulatory matters Bet365 lotto review and industrial structure，Come and choose different administrative activities。Analysis of the relevant factors should be considered，and try to match the means of administrative behavior and purpose，Make sure "Do not use a cannon to fight birds"。third，Different administrative tasks，Different administrative behaviors，​​Administrative Organization structure and administrative program design are also different。For example, in the field of administrative，More useful behavior of the private law，The role of private law organizations in its administrative organization structure，Administrative program design will pay more attention to cooperative governance and public participation; in the field of risk administration，More preventive regulatory measures，It will emphasize the professionalism and authority of the administrative institution in its administrative organization structure，Administrative program design is more concerned about the introduction of expert consultation procedures。How to grasp the association between "administrative tasks -administrative behavior form -administrative organization -administrative procedure"，Grasp administrative tasks、Administrative behavior form、Administrative Organization、The interaction and influence of these variables of administrative procedures，It is a challenging topic。

The Constitution is not just a constitution in the declaration，It is also a constitution in practice。When discussing the rule of law in the form of administrative behavior，The setting and implementation of administrative behavior methods，Can't conflict with the constitutional regulations。Administrative Law should also actively realize the value established by the Constitution。Administrative tasks set by the Constitution and Law Institute，It should actively specify the corresponding administrative behavior form，To achieve administrative tasks。Administrative organs have a certain form of administrative behavior to choose freedom。other，When setting an administrative behavior form，It should also adhere to the principle of legal reservation。The deeper the intervention or impact of the basic rights when the administrative behavior form is，The greater the impact on the public，or related matters can bet365 Play online games easily cause more controversy in society，It should be appropriate for the provisions of the legislature。This is not only the requirements of the principle of people's sovereignty，It is also a manifestation of the principle of legal reservation。

(The author is a professor and deputy dean of Nankai University Law School)