Analysis Of Setting Up Chinese Administrative Guidance System

From the 18^th century to the 19^th century, the western capitalism countries generally emphasized the minimum government was the best one. The government can act only under the law , if without the warrant by law, in principle , government could do nothing. The government acts as "night watchman" , pursuing the view of "the little administrating , the better government. " Government interference in the social economic life reaches to the bottom line, which only limited in national defence, public security , taxation and diplomatism etc. Even though in above areas, it is very negative. At the end of 19th century to the early 20th century, because of the social economic life increasingly complication and diversification , administrative action penetrates people' s daily life, nearly became almightiness action. In on hand , administrative power continues extend, on the other hand, people kept their eyes on this kind of power. At the same time, administration department adjusted their own action during different battles . As a new administrative management, the administrative guidance has been paid attention to by more and more countries since the 1950s. In our country, the administrative guidance has existed and obtained good results in practice but the research into the profound theory about the administrative law is deficient. Although there are several treatises on the administrative guidance in our country, the research into the necessity and feasibility of its construction and how to construct is deficient far away. This condition causes the vague idea of the administrative guidance system in practice, for example, some people think its adoption deviates from the legal administration; some people think it is unsuitable in our actual condition. Being a new flexible management, the administrative guidance takes first effect with the setting-up, developing and completing of our market economy and the developing of our democracy and legal system. But the deficiency of the theory and irregularity of the practice requires the further systematization of the theory and the further legalization of the practice. So this thesis firstly attempts to introduce the background of the administrative guidance system and several countries existing systems, which including definition, character and structures, etc; Secondly, analyses the necessity and feasibility of its construction in our country, and then summarizes the basic method and important experience of the practised administrative guidance. Thereby the important meaning of constructing the administrative guidance system in our country is obtained. Furthermore, analyses the existing problem and the difficulty of constructing the administrative guidance system in our country. Lastly, the thesis researches into how to set up the administrative guidance system in our country.