Research On How To Enhance And Improve Administrative Guidance In China

Administrative guidance, as a new administrative way, has been gradually given attention and utilized widely after World War II. It's the product of the unceasing evolution of market function, government role and administrative pattern under many factors correlated, such as the economy, the politics, the administration, the culture and the society. Administrative guidance is a kind of administrative activity that the administrative subjects make the relative persons do the things that the administrative subjects expect and reach the administrative goals through the non-compulsory methods. It is a systematical attempt that tries to seek the balance between the government and the market, and an important performance that tries to attenuate the obligatory administration. At present, administrative guidance has been positively utilized to implement the administration in China, for example, issuing administrative plans, announcing administrative information and formulating instructive methods. It is good for forming the legalized public welfare, coordinating administrative organs and the administrative relative persons. It is also advantageous to strengthen the citizen's consciousness about the right and duty and promote the transformation of the government's function. It is more advantageous to improve the traditional relation between the officials and the people, create a bigger space where the officials and the people cooperate and make up the legal insufficiency.However, the fundamental research about administrative guidance is frail, there are different in some basic problems at present, for example, what is administrative guidance? What is the nature of administrative guidance? What is the effect of administrative guidance? These theoretical differences have given the people a lot of problems in the administrative process when they utilize administrative guidance, for instance, administrative guidance is dissimilated for the administrative order, the administrative organs do nothing when they are needed to implement administrative guidance, the transparency of administrative guidance is low, the content about administrative guidance is illegal, the decision-making of administrative guidance is unscientific and the mechanism which is used to supervise and restrict administrative guidance is not perfect. If these theories and practical problems aren't solved, the function of administrative guidance can't fully display and it will not cause the government to implement the administration and realize the administrative goals effectively and conveniently. Therefore, the author attempts to elaborate administrative guidance systematically and theoretically, analyze the existing problems of administrative guidance combining some examples in reality and the reasons, then propose the practical feasible countermeasures of administrative guidance in China.This article included four parts except the introduction:The first part mainly explained the theory of administrative guidance. Firstly, it proposed the understanding to administrative guidance and described its characteristics in the foundation of analyzing the concepts of administrative guidance that belong to the domestic and foreign well-known scholars. Secondly, it analyzed the legal bases of administrative guidance, pointing out all of administrative guidance must be implemented following the organized laws completely and partially following the behavior laws. Once more, it discriminated the nature of administrative guidance and concluded that administrative guidance should be an authoritative administrative legal action. Finally, it elaborated the vital roles of administrative guidance.The second part mainly analyzed the current existing problems of administrative guidance in China, including the legislation lag of administrative guidance, administrative guidance is deficient, administrative guidance is dissimilated, the transparency of administrative guidance is low, the content about administrative guidance is illegal, the democratic participation in the administrative guidance is lacked and the mechanism which is used to supervise and restrict administrative guidance isn't perfect.The third part mainly analyzed the reasons for the existing problems of administrative guidance. The author thought the reasons lied the following four aspects: firstly, the administrative personnel lack the correct understanding to administrative guidance; secondly, the traditional legal. administrative idea influences; thirdly, the ideologies that "the authority culture idea is thick" and "the right culture idea is light" exist at the same time; finally, the quality of the administrative personnel is low.The fourth part mainly discussed the countermeasures to improve administrative guidance. This article proposed six aspects, including transforming the administrative personnel's idea, improving the administrative personnel's quality, establishing the basic principals for administrative guidance, perfecting the legislation of administrative guidance, perfecting the procedure of administrative guidance, establishing the perfect surveillance mechanism of administrative guidance and the perfect responsibility system for administrative guidance.