Analysis On Administrative Remedy Of Administrative Guidance

As a new sort of administrative management measure, administrative guidance is famous for its humanity spirit. The traditional opinion is that administrative guidance is a sort of non-coercive form of administrative actions, so the most scholars directly disaffirm its possibility of administrative remedy. The author's opinion is that, although administrative guidance differs form traditional compulsory administrative actions, it is still a sort of administrative actions which possessing administrative power. So according with the spirit of the rule of the law,faith benefit protection principle and responsibility administration principle, illegal or improper administrative guidance should obtain administrative remedy.This article is divided into four parts .The first part will deeply explicate administrative guidance's conception,characteristic and types and analyze the problems lying in it in our country. The second part will research legal obligation of administrative guidance .the third part will research administrative remedy of administrative guidance. Finally,the author will give ideas for constructing system of administrative remedy of administrative guidance of our country. Nowadays, administrative guidance is widely used under our socialist market economy system and the phenomenon of damage is increasing, so constructing system of administrative remedy of administrative guidance is essential and necessary. We must confirm administrative guidance's administrative remedy and improve the system of administration review and judicial review. When administrative counterparts of administrative guidance are damaged, they should obtain administrative compensation.