Judicial Relief Of Administrative Guidance

As a new, flexible and non-mandatory administration mode, administrative guidance, since its appearance in Japan and rising in other countries during 1940s, has played a great role in both society management and economics management in various countries of the world. In recent years, administrative guidance has been more and more widely used in our country. Compared to the traditional administrative mode, administrative guidance can make for the insufficiencies of the pure market-leading system and government-leading system. At the same time, it can bring the positive role of the both into play. Besides, it can ease the tense relationship between the executives and the relative masses, so as to achieve the goal of administration better.However, the shortcomings of the administrative guidance appear constantly in proactive. The illegal administrative guidance, the improper administrative guidance, the alienated administrative guidance and the unfulfilled administrative guidance emerge constantly. Therefore, the relative masses suffer a loss in their legal interest. But according to the current administrative procedural law, it dose not accept and hear a case belong to administrative guidance. Thus, the loss suffered can not be compensated by the final judicature, which seriously restricts the exertion of the function of administrative guidance. In my opinion, this kind of situation needs to be changed. According to this, in the preface, the social and economic value of the administrative guidance . At the same time, it points out the current situation of its low legalism. And in chapter 1, the thesis analysis the concept and characteristics of administrative guidance, and defines the property of its right and the nature of its behavior to give a theoretical precondition for the judicature relief. In chapter 2, it demonstrates, the necessity of the judicature relief from its positive and negative aspect. On one hand, it confutes the basis supporting the point by the people who deny the judicature relief of the administrative guidance. On the other hand, according to the principle of relief to loss, trust and protection the relative masses and no abuse of the power, it exerts the function of administrative guidance. Besides, it introduces the tendency of its world development. So here, altogether there are five aspects to support the inner theoretical basis of the judicature relief of the administrative guidance. In chapter 3, from 3 aspects that is, the limits of the sitting jurisdiction, the types of the litigation, and the consummation of the law, it gives a detailed argument for the foundation of the judicature relief system of administrative guidance, which is also the main point of the whole thesis. At last, in the ending part , it makes a general conclusion for the whole thesis, and it also gives a simple introduction of other means of legalism of the administrative guidance.