Administrative Guidance Of The Legal Remedies Study

Along with the rise of modern welfare state and the administrative idea transformation from traditional management to modern service, non-compulsive administrative activity has been receiving world-wide attention. As an important administrative law system and a smart-effective way of administrative activity, the Administrative Guidance demonstrates its special effect and compatibility in the administration day by day. However because of its immaturity, the Administrative Guidance brings many negative influences and many disputes. Therefore, we should bring the Administrative Guidance into the scope of administrative relief and judicial relief. This may has an important significance to protect citizens' legal rights and to keep the enthusiasm of the government in carrying out their own duties.At the beginning of this article, we discuss the basic theory of law relief in the Administrative Guidance, expatiate the necessity of carrying on law relief in the Administrative Guidance in our country. It's mainly because of the duty of nowadays government and the principle of trust-protection. Then the author dissertates the feasibility of law relief in the Administrative Guidance in the situation of our country. By comparing the two big legal systems and introducing the Japanese Administrative Guidance relief, we present the apocalypse for our country. According to the situation of our country, we demonstrate the measurements to set up a perfect system of law relief in the Administrative Guidance. It can be divided into two parts: primarily the administration reconsider system assisted by the ombudsman system and the administrative compensation (compensates) system; basically the administration judicial relief system.