Administrative Guidance Under The Rule Of Law

With the rise of modern welfare state and service administration, non-coercive form of administrative actions are popular with governments in the world. Administrative guidance has been using widely in a lot of countries. It remedies the legislation deficiencies by its softness and agility. Administrative guidance plays an important role in cultivating equality and democracy. As a remedy of traditional principle of administration by law and as an effective administration action, administration guidance has become an important part of administrative rule of law and of modern administrative management system. While, it is pitiful that the study of administration guidance lags far behind. People don't come to common consensus in some aspects, such as the nature of administration guidance; the relationship between administration guidance and administrative rule of law; the remedy of administration guidance. Meanwhile, as a new management method adopted by our government, administration guidance inevitably has some deficiencies, which need to be improved from multiaspects.The paper is made of four parts.The first part is"General Theory of Administration Guidance .This section retrospects the birth and development of administration guidance, emphatically elaborates the concept and nature of it, deeming it as a new administrative legal behavior with weak power.The second part is"Administration Guidance Agrees with Administrative Rule of Law". Analyzing the relationship between administration guidance and the principle of law priority and law reservation; between administration guidance and the control of administrative power; between administration guidance and administrative democracy; between administration guidance and administrative efficiency, the paper indicates administration guidance agrees with administrative rule of law , which helps to build the government of rule of law , the government with restrained power, efficient government and democratic government.The third part is"Analysis of the Deficiencies of Administration Guidance". This section lists the deficiencies of administration guidance in our country and analyzes the reason for them.The fourth part is"Improvement of Administration Guidance System". This...