Administrative Guidance Law Relief System Study

The traditional administration is a kind of mode of "pressing people with the power" . The typical marking is the usage of the forcible means. Because the government in the traditional regulating mode likes to use force and powers, the administration activity reflects the character of "bureaucracy" . The typical reflectation is that power is the center, and the administration organization controls all the administration powers. In such an "order and obey" manner, the role of the government is overwhelming, from national defence to diplomacy , from the birth to the death of every citizen. All the things reflect the usage of the administration powers. With the modernization of the society, development of the market economy and development of democracy, the traditional administration mode can not meet the need of the society. The usage of administration powers has turned around from the type of "controlling" to the type of "serving". The administration guide came into being as the times call on. The administration guide is regarded as the concerted outcome of cognition and policy change of national ideas, market function, government role and administration mode, since the second world war and in every market economy country.The administration guide is regarded as a new kind of means suitable to modern market economy in our country. We are very late to know and do research to the administration guide, until to 1980s, and there has been some thesis published about the administration guide. But for many kinds of reasons, the research has not reached a reasonable level. There exists different opinions about administration guide, which affect the relief degree to administration guide. In practice, there are many cases in which administration department abuses administration guide and invade the rights of the opposite person, who cannot get relief. What accompanys the administration power is the control of the administration power. Therefore it is of greet need to give administration guide relief. This is what this thesis is going to talk about.The thesis mainly takes the method of comparing. It can be divided intothree parts. The first part is the opening of the thesis, which first looks back to administration guide creation and development and it's operation in many countries, so the reader can grasp the system in gengral, the writer also wants which can do some helping to our country's administration guide. Only by comparison, we can have a deep cognition of the administration guide , a new administration mode.The second part is a very important part of the thesis. It is an important premise to define the character to give relief to administration guide, for this reason, the second part spends much energy analyzing the innate character of the administration guide. Because of deeply affected by Japanese traditional rigid administration method, many scolars in our country identify the administration power with Compulsory, and draw the conclusion that administration guide is non-power administration behavior. This kind of conclusion is weak in logic. The writer define the administration guide from three scope, which is whether it is an administration behavior, whether administration guide has compulsory power and whether administration guide has the character of power. In the meantime, the writer points out the mistaken cognition existing in our country to the administration guide. The reason is that administration guide is an non-compulsory administration action, which the administration corpus inflict function and influence to the opposite person, and urge the opposite person to do or will not do any action voluntarily or involuntarily in order to attain it's target The third section of this chapter analyzes the relationship bvetween administration guide and the doctorine rule of law. The problem of legitimacy of administration guide becomes the focus people disputes for or against administration guide. This section refuted the theory that "the administration guides render the doctine rule of law empty" from the m...