On The System Of The Legal Remedy For China's Administrative Guidance

Administrative guidance is a new type of administrative management, which has an important significance in improving democratic administration and in regulating the relation between the government and individual. Meanwhile, as the practice of administrative guidance developing, its disadvantages have been more and more obvious. Therefore, it is extremely important to bring the administrative guidance into the scope of administrative litigation, in order to deserve the private party's interest. However, The Explanation On Some Issues Of The Execution Of Administrative Litigation Law By Supreme Court exclude the non-mandatory administrative guidance from the scope of administrative litigation, which aroused a new debate in administrative jurisprudence. This paper discusses the meaning of the legal remedy for administrative guidance, as well as the character of the legal remedy for administrative guidance, then exposes the theoretical origin of the legal remedy for administrative guidance, and summarizes the practical demand for the legal remedy for administrative guidance. On the bases of above content, comparatively discussing the legal remedy for administrative guidance in those developed countries, the paper stresses to construct the framework of legal remedy for administrative guidance in our country.This paper includes six parts: Part 1 is introductory article, which states the importance of research on legal remedy for administrative guidance. Part 2 is about meaning of legal remedy for administrative guidance, major in analyzing relations between administrative guidance and legal remedy for administrative guidance, pointing out the character of legal remedy for administrative guidance. Part 3 is about the theoretical origin of the legal remedy for administrative guidance, analyzing the character of administrative guidance, such as mandatory, powerful and unilateral, pointing out that legal remedy for administrative guidance is natural results of administrative guidance. Part 4 is about the practical demand for the legal remedy for administrative guidance, self-examining the shortages of administrative guidance and legal remedy for administrative guidance. Part 5 is about constructing the framework of legal remedy for administrative guidance in our country. Comparing with legal remedy systems for administrative guidance of those developed countries, such as Japan, the U.S.A and Germany, the paper stresses to construct framework of legal remedy for administrative guidance, including basic principal, legislative model, alternative approach, range control, and liability assignment. Part 6 is conclusion, restating the importance of constructing legal remedy systems for administrative guidance.