Study On Legal Remedy Of Administrative Guidance

Now, with the constant development of market economy and the deepening of reform, our country is undergoing social Transformation Opportunities, there are some deep-level Social conflicts, as the Social security system not yet been perfected, the task of administrative law should change the concept of administrative law enforcement and actively promote a variety of law enforcement approach, rather than adhere to the traditional rigid enforcement methods, such as executive orders and so on. Administrative guidance, as a new Management Process, the advantages of its flexibility and other aspects meet the needs of modern society and it increasingly plays an important role in social management activities. Meanwhile, in the administrative practice, the administrative guidance also showed a number of inherent flaws and negative effects, and disputes relating to administrative guidance has been produced. Particularly the implementation of administrative guidance is no specific legal basis, or for more efficient to achieve administrative purposes and acts as a mandatory administrative enforcement procedures for the implementation front, or to effectiveness of administrative guidance to ensure that taken with the interests of induced, spiritual guide of the fact that even a mandatory security measures, so the legality of administrative guidance and controlled and relief issues become the focus of attention and controversy. In view of this, through the legal system innovation we should increase supervision and restraint to administrative guidance and Administrative guidance should be incorporated into our legal relief areas.This article first introduces the concept of administrative guidance and legal relief, and then study the nature of administrative guidance, discusses the necessity of administrative guidance, thinks legal remedies of administrative guidance is necessary requirement of "the same rights and responsibilities," is nowadays service-oriented government to fulfill its obligations of accountability, but also the basic requirements of the trust protection principle. And further I compares the legal relief system of Japan,the United Kingdom,the United States,Germany, and in the process reveals the same and differences of these systems. On this basis, I put administrative guidance into the abstract administrative guidance and specific administrative guidance, and raise different sub-categories of relief to the illegal or unreasonable administrative guidance. Generally speaking, there are two legal remedies:a way to get relief through litigation; the other is non-action relief channel, such as administrative reconsideration, administrative compensation and compensation.