A Study Of Administrative Guidance And Its Legal

With the development of practice and theory on modern market economy, there is a great social need on the renovation of administrative management methods and theories. Because administrative guidance appears extremely special goodness on the condition of modern economy, more and more market-economy countries pay extraordinary attention to it. Administrative organizations and their civil servants gradually have taken administrative guidance in their management in China since 1980s. The feasibility and function of administrative guidance is consciously emerging with opening-up and reform. At the same time, the inherenced limitation and negative effects are gradually showed in administrative management, which cause attention and dispute in our academia.The research methods taken in this paper include comparative method, countermeasure research. Some important theoretic and practical problems are emphasized on. For example, this paper devotes to find out Chinese legal system for administrative guidance with the comparation of legal systems in Japan, Korea and Taiwan area. Through the research of the problems appeared in our administration, we draw a conclusion that administrative guidance must be ruled by law. The purpose of this paper is to make administrative guidance run on the track of rule by law. The paper brings forward a series of suggestions and countermeasures for the healthy development administrative guidance. The researching results of the paper is that administrative guidance is a new-style and feeble administrative behavior taken by administrative organizations. For the behavior there is no legally coercive force, it must be ruled by law. Administrative guidance must be controlled by material law, procedural law and remedies, which make administrative guidance consummate.