The Actionable Research Of The Administrative Guidance Conduct In China

Administrative guidance is a new administrative activities developing gradually with the development of the modern market economy and the democracy after the World War II, and in the administrative law theory, it is the major phenomenon and important contemporary in the areas of the administrative law since the 60 years.It is not only the innovation of the administration but also the internal reflection of the modern administration. Its social effects is to be seed for all.However, the vacuum in the rule of law is not directly proportional to its role and position,especially its long-term actionable issues aside.The fundamental reason is the major differences between the scholars on the nature of the administrative guidance. At the same time, its abcent from the rule of law especially the absence of litigation system resulted from the deviation of "qualitative" lead to not only damage its normal functioning but also hurt the interests of administrative counterpart to a large extent. In China's current background of building a harmonious society, these problems and negative impact in the social and national life of the administrative guidance is not in coordination with it. The location and denial about the actionable of the administrative guidance in accordance with traditional administrative theory has not been fit the contemporary legal environment. The theory of administrative guidance needs to be revamped and making a new and more rational position is necessary, so as to confirm its actionable and remove the obstacles for establishing and perfecting the law system about the administrative guidance gradually.This article will try to explore new ways of the administrative theory from this point of the innovation of the properties theory of the the administrative guidance, hoping to break through the traditional theory of administrative law which is incompatible with the status and develop a new theory of administrative law, in order to make some exploration and solve the problems of the judicial review of the administrative guidance finally. Basing on this, the article is to be expanded in three parts: The first part is aimed to demonstrate the properties of administrative guidance. In this section, the concept of administrative guidance is analysed firstly in order to understand and knowledge the nature of the administrative guidance. In the basis of clarifying the concept,analyse the property of the administrative guidance from two majors in-depth. First, power-based or non-power; second,facts actions or administrative actions.。Finally, summarize the nature of administrative guidance and present my points of it.The second part of the article emphasis on elaborating the actionable of the administrative guidance. This section firstly introduces the general concept and standards and principles of actionable. Secondly, describe the arduous exploration which is made in research and practice on the issue of actionable of the administrative guidance from the theoretical understanding and the legislative system and the external environment. Finally, analyse and argue the theoretical justification and practical necessity of administrative guidance. Through the above analysis, affirm the actionable of the administrative guidance finally.The third part talks about the structure of litigation system of the administrative guidance.The administrative guidance is actionable which is derived from the above argument,then it should be implemented in the legislation and institutions. In this section, firstly, emphasize the importance of thinking condition of the establishment and implementation of the administrative guidance litigation system. Secondly, put forward my own vision about the path of construction and the specific content of the administrative litigation system. Finally,list the other legal and systems that needs to be perfected with it.