The Research On The Law Regulation Of Administrative Guidance

"As a new administrative instrument, administrative guidance is widely used in different administrative fields and is the center of administration in market economy."Since the 1980's, administrative guidance has begun to make its appearance in administration world and has been widely used when our country transfer from traditional planned economy to market economy. As a new administrative instrument, the application of administrative guidance promoted the transform of the function of our government, improved the traditional"official-folk"relationship, and filled in the blank of the law to some extent. However, because of the lag of the legislation and research on the theory of administrative guidance, in the application of administrative guidance, there are some problems, such as lacking of law, lacking of procedure restriction, lacking of legal responsibility and relief in law, as a result, the function of administrative guidance is imperfect and resulted in some negative effect. So it is necessary to put administrative guidance in law, and regulate it in entity, procedure and relief, in order to work functionally.The thesis explains in three chapters with the theme.Chapter one explains on the basic theory of administrative guidance. Firstly, on the basis of comparison of definitions of administrative guidance by scholars from inside and outside the country, the writer clarifies the connotation of administrative guidance. Secondly, the writer analyses on the legal characters of administrative guidance, and behold it as non-compulsive administrative power action. Thirdly, the writer introduces the functions and types of administrative guidance.Chapter two analyses on the status of application of administrative guidance in China. Firstly, the thesis summarizes on the status of application of administrative guidance in the fields of economy and social management, and instructs on the active meaning of its application. Secondly, the thesis points out the problems in the application of administrative guidance, such as, the dissimilation and opacity of administrative guidance. Lastly, the thesis analyses on the reason of the problems, and believes that we should take effective comprehensive measures as fast as possible, and promote the regulation, institution and legalization of administrative guidance, in order to form a system of administrative guidance that is in accordance with the situation of our country and that is healthy and effective.Chapter four proposes substantial advices on the law regulation of administrative guidance according to the requirement of administration by law. Firstly, we should set up the basic principles of administrative guidance, for example, the principle of legality, correspondence, unconstraint, etc. Secondly, we should be clear of the legal foundation of the application of administrative guidance, and believe that the foundation in organization law is the basic need in the application of administrative guidance which is also restrained by general legal principles. Thirdly, we should regulate in the procedure of administrative guidance, including the construction of the system of administrative guidance publication, and the system of democratic participation of administrative guidance, etc. Lastly, we should be clear of the legal responsibility of administrative guidance, and construct the system of relief in administrative guidance to protect the legal right of the counterpart.