The Actionability Of The Administrative Guidance

The administrative guidance,a management tool, which is the administrative main body to realize certain administrative goal, in its within the job duty, suggested legally, the advice, the guidance, encourage and so on a series of non-compulsive means that causes the relative person to accept its guidance, and is in the adaptation of modern administration cooperation, under the consultative democratic spirit as well as needs of transformation of the government function under the market economy condition under. Along with market economy's unceasing development, the administrative guidance more and more utilizes in the administration process, is becoming the important topic of administrative jurisprudence research in the present age. However, because our country administration guidance lacks of the standard of the judicial relief since a long time, the guidance transparency is bad, the motive does not save, the voluntary choice is named by compelling force in fact as well as the responsibility is not clear and so on inherent flaw long-standing, destroyed the administrative government by law spirit seriously, destroyed the administration order, what's more some administrative instruction even becomes an escape of the administrative organ's"the no war zone"to undertake the legal liability. The administrative proceedings goal, the faith protection principle, the responsibility administration principle is the rationale of the actionability of administrative instruction, to establish the actionability of the administrative guidance in our country both has the necessity and has the possibility, must be in profit from the overseas system of the litigation of administrative guidance, and unify our country's actual situation, and carry on a scientific design to our country's system of the litigation of administrative guidance.