Legal Control Of Administrative Guidance

The administration guides originally is a technical term on the scholarship, and afterwards is adopted by established law , and become the technical term of law.This concept appeared most and early in Japan 1965 year in the discussion about the boundary of the relevant administration law and economic law , because at that time Japan used the word and like this kind of means " administration guide" first on the foreign trade dispute problem , and through the encyclopedia of the foreign countries registered among them, but gradually behaves a concern for know, and make the educational circles of administration law attention.This technical term afterwards also flow into our country, and is used to generalize this kind of phenomenon that already existed in social living and administrative practice .In fact, there is too similar administration activity in the United States ,the British and Germany , only in the British, the United States call it to" not compulsive behavior of administration", and be called in Germany" not the high power economy guide".But regardless of how difference that the concrete concept or system exsits , it is the administrative means that administrative guide have the special feature and is used more and more extensively,this already became common in a lot of nations .It becomes the center of the modern government to administer nowdays that the administration guide as the administrative method of importance of superior in market economy countries.But, the administration guide in the actuality because of suffering the law to restrain not enough, many obstacles of function that produce in the fulfillment that make the original intention face the rigorous test-" legitimacy crisis", but it is exactly textual purpose that study the administration guide to get away from the " legitimacy crisis" This text primarily is divided into three parts:First, based on foreperson study , point out concept and kind of administration guide ,make the synopsis to those have already become common , but to those still exsits differences ,point out ,own viewpoint, put great emphasis to analysis of the kindof the administration guide , and think the administration guide is a kind of powerful administrative behavior of inducement type.second, through analysis of administration guide, point out that the current administration of the initial problem to face is " legitimacy problem". The article further point out: Want to make the administration guide get away from the " legitimacy crisis", must proceed the control of law to administration guide.The third, from the law basis, behavior pattern, procedure control and the duty relief four aspect point out the administration guide to match with administration to law.