On Administrative Guidance And Its Legal Control

As a non-mandatory administrative, administrative guidance embodies the direction of the traditional model of administrative restructuring. This is the result of the further understanding of the relationship of government and the market, but also the need of the development of the market economy and government administrative reform. In China, the concerns to administrative guidance could be dated back to the last century the late 1980s, 10 years of academic research continued to deepen people's understanding of administrative guidance, enhanced the way in the use of administrative guidance. In the current process of ruling the country according to law, to define and regulate administrative guidance scientifically, to achieve legitimate administrative and reasonable administrative, procedural due, efficient convenience, honesty, trustworthiness, accountability unity, we should further study the relations of the administrative guidance and administration according to the law, and administrative guidance to the path of the rule of law.This paper is divided into four parts, the first part of the definition of administrative guidance includes administrative guidance definitions, characteristics, historical background, type and role of administrative guidance, on the analysis of the nature of administrative guidance, and on the basis of their non-mandatory and guide nature, it is a new type of the executive acts. On the second part of the foreign administrative guidance, compares the status of implementation, as the main representative of Japan, Korea, the US, Britain, France, Germany six States and the European Union. Part III of the current administrative guidance of the problem of legalization, because of its long divorcing from the rule of law, neither reasonable legal norms nor responsibility, in practice, it not only affect their functions, but also violate the legitimate rights and interests of relative people. It focuses on the analysis of the universal issues, such as inadequate basis, the contents of ambiguity, lack of transparency and democratic procedures, and a lack of responsibility and relief. The fourth part is to address the approach of the rule of law, including the principles in the substantive law, procedural principles and responsibilities and relief system.It mainly applied information analysis, normative analysis and classification studies,...