Research On The Theory Of Chinese Administrative Guidance System

Administrative Guidance is an important way to democratize and legalize governmental administration, it already causes general attention in our administration law circles, It has the value function which cannot be underestimated, Realistic foundation and practice significance. This kind of administrative way widespread utilization not only is representing the administrative law democracy, the science, the highly effective development direction, moreover or administration modernization symbol, it is impelling the Chinese administration reform and the political democratization construction unceasingly thoroughly carries on, has been objectively regarded as one kind objectively to have however widely to seep to each domain, plays day by day the prominent role.Administrative Guidance is a kind of user friendly law enforcement way originally, has manifested the administrative pattern and administrative law culture, it transforms compulsion administration to convinces administration, enclosed administration to Open-type administration, harasses administration to cherishes administration, it is a way to manifests humanist of administration and law enforcement. In fact, Administrative Guidance causes the citizen rights and interests receive the violation to be unable to obtain compensate sometimes occurs. Actually, as a kind of administration behavior, it has a latent compulsory force, and using relief system deficient, behind compelling force to Administrative Guidance and abuses it, thus achieves the goal of escape administrative law control. If can not determine the nature of Administrative Guidance, control it, provide relief way to the citizen which the harm create because to the administrative instruction, not only manifest spirit of humanist of Administrative Guidance but also cause citizen's basic right to receive the civil rights strength as necessary threat, the citizen will as necessary be at one unsafe condition. From this, it is significance in our country to have system research to the Administrative Guidance. Through to above each interdependence question analysis and explanation, has carried on theoretically combing to our country Administration Guidance related legal system, how is the behavior of Administration Guidance, how to brings into the line of legal adjustment scope, and maximized display its function. Specifically, first part of the Article has three angle, the Administrative Guidance whether is administrative action, whether has compelling force, whether has authority nature, thought the Administration Guidance must be the administrative organ makes based on the authority certainly does not have in the law the compelling force administrative fact behavior, also is one kind of authority behavior which in the reality has the many kinds of manifestation; Second part, through recounts the Administrative Guidance development course in our country's to summarizes difficult position which our country current Administrative Guidance system has; Third part, has analyzed Administrative Guidance system value---- procedure and efficiency, from this and obtains this system theoretically to be supposed to follow legitimately, voluntary, legalization and so on benefit principle; Fourth part, proposed three way to legalize administration guidance, namely enhancement procedure control, defined legal liability assignment, establishment law relief system.