The Conduct Theory Of Interests-Oriented Administrative Guidance

The term administrative guidance comes from Japanese administrative practice. It is terminology of administrative practice, and is neither academic terminology nor judicial terminology. Because it played a uniquely important role for the prosperity of Japanese economy, jurists began to attach importance to it. Administrative guidance didn't exist in the ancient, but was the outcome of a certain historical period. There is deeply inner relation between administrative guidance and the development of market economy, especially, of globalization economy. The appearance and development of administrative guidance have close connection with the process of people's understanding about the function limitation, correlation between the market and government, and is also the outcome of deepening understanding. With the development of globalization economy and the establishment of WTO, administrative guidance of nations trend to mix together increasingly. As an important aspect of service administration, administrative guidance shows the great change of the content of service administration, and it makes the traditional principle of administration by law face new challenge. To meet actual needs of rule of law on administration, and under the current theoretical framework of administrative jurisprudence, the article puts forward a new concept of interests-oriented administrative guidance from the complicated phenomena of administrative guidance, and reveals the features of interests-oriented administrative guidance different from that of the common administrative action. To standardize the interests-oriented administrative guidance means to grasp the principalcontradiction of rule of law on administration, and it is also of great significance to speed the development of rule of law on administration for China. According to the faith on rule of law accepted by people nowadays-only the one who is relieved has legal rights, a relief system for interests-oriented administrative guidance is designed courageously, to try to make it more practical and effectual.