Research On The Problems And Countermeasures Of Administrative Guidance Of China

Following the development of modern market economy and democratic politics, administrative guidance is maximized by many countries, which has brought market economy into practice as an burgeoning and flexible and effectual administrative pattern .At present, the administrative guidance has been widely applied in all the fields of administration and will gradually become the center of administration instead of administrative order .The socialistic market economy system is being made, the degree of politics democracy is being improved, the function of administrative guidance is becoming stronger in administrative management in China .The development of the socialistic market economy system and politics democracy will be influenced by the perfect administrative guidance system .But as a result of all sorts of reasons, our administrative educational world's research is insufficient regarding the administrative guidance , administrative solid affair circle has not been able to utilize the administrative guidance under the essential theory support positively ,which does not favor the realization of administration guidance under the condition of market economy strengthened, especially after we joined WTO and implied vigorously rules a nation legally under the plan situation. How to understand the concept of administrative guidance? What the prominent problems of administration guidance are in the practice? What countermeasures we should take to solve these problems? These questions, which are very important but are still not clear until now should be researched systematically under the instruction of legal administrative principle, in order to deepen the understanding.This article altogether was divided into three parts as follows:In the first part, the concept of administrative guidance was analyzed. At present, in the academic circles, there are still some different understandings on the intension and the character of administrative guidance . This article, which was based on further analysis on the character and features of administrative guidance, defined administrative guidance as an administrative behavior with authority, which was carried out without the strong hand by the administrative institution within his legal authority.In the second part, the main problems of administrative guidance of China wereanalyzed. This article was under the impression that there were so many problems of administrative guidance because of the insufficient of the theory research and the influence of traditional ideas. At first, the legislation of administrative guidance is not perfect, the basis of administrative guidance is generally inadequate. The second, dissimilation of administrative guidance is serious, the demarcation line between administrative guidance and administrative order is undefined, and it is often dissimilated as administrative punishment or administrative dealing. The third, the procedure of administrative guidance is irregular and unjustifiable, these defects represent at three aspects, which have an ill affect on administrative guidance. At last, the system of supervision and relief of administrative guidance is soundless, now, the situation is that it is short of supervision and the relief is not enough.In the third part, countermeasures of perfecting administrative guidance were discussed. I think that if we want to perfect Chinese administrative guidance, we should try our best to do something well. Firstly, government functions should be transformed and make it clear that what is the government functions under the condition of market economy, which will give administrative guidance a good circumstance. Secondly, the ultimate principles of administrative guidance should be established, such as principles of legal and reasonable, of democracy and voluntary, of equilibrium, of faith protected, of proportion and of punctuality and agile, etc. Thirdly, the legislation steps of administrative guidance should be quickened, restrain administrative guidance more strongly, in order to provide administrative guidance necessary legislation protection. Fourthly, the procedures of administrative guidance should be perfected, through appropriate procedures;we can protect the public more effectively, improve the administrative efficiency and achieve the administrative targets. Lastly, the system of supervision and relief of administrative guidance should be perfected, strengthen the supervision, make the responsibility clearly, and give relief to the persons whose legal rights were damaged.