Legal Responsibilities Of Administrative Guidance, Research, And Relief

Following the development of modern market economy and democratic politics, Administrative Guidance is maximized by many countries which have brought market economy into practice as an burgeoning and flexible and effectual administration pattern. At present, the Administrative Guidance has been widely applied in all the fields of administration and will gradually become the center of administration instead of Administrative Guidance. The socialistic market economics system is being made, the degree of politics democracy is being improved, the function of Administrative Guidance is becoming stronger in administrative management in China. The development of the socialistic market economics system and politics democracy will be influenced by the perfect Administrative Guidance system.But till now, the ideas of the concept and nature are different in the administrative legal area in China and abroad, the kinds of them are varied ,which causes influence of the law liability and the succour of the Administrative Guidance. But the law liability and the succour of the Administrative Guidance is key of Administrative Guidance system. So it is necessary to research systematically. The article will analyze the Administrative Guidance system in the angle of the law liability and the succour of the Administrative Guidance and give my own idea hoping there are some help for the theory and practice of the administrative.This paper falls into four parts to discuss: Part one is the brief theory of the Administrative Guidance. There is no the same idea about the Administrative Guidance now. The focus of the discussion is that the Administrative Guidance is either power act or the fact act. The author thinks that the Administrative Guidance is the power act, though the main current viewpoint is that the Administrative Guidance is fact act. The nature of the Administrative Guidance is powerful administrative act which doesn't cause the effect of law directly. The concept of the Administrative Guidance is thatthe administrative guidance is a kind of powerful administrative act done by administrative law subject in lawful power area according to law legislation (including principle of law and spirit of law ) legislation and policy, which causes Administrative Process to do or not to do some action As volunteers .The Administrative Guidance is divided according to different criterions. Part two is the law liability of the Administrative Guidance :The author discusses the accordance which the Administrative Guidance burdens law liability based on amphibian of the legal status of Administrative Subject .the causality of between illegal act or slip and the infringement to Administrative Process's right, the relation between Administrative Guidance and the right of Administrative Litigation, the relation between the principle of reliant guarding and the single direction of the Administrative Guidance . The admeasurements of the liability of the Administrative Guidance. Part three is the lawful succour of the Administrative Guidance. This part fall into four aspects to discuss: the juristic basis of the Administrative Guidance succor, the necessary of the Administrative Guidance succor, the probability of the Administrative Guidance succor, concise condition of the Administrative Guidance succor. Part four is the problems and its measurement during the practice of the Administrative Guidance.