Comparative Law Of Administrative Guidance Perspective

Administrative guidance is a concept of the modern marketing economy and democracy ruling of law. As a result of the development of equality,consultation,cooperation and democratic spirit in modern administrative law ,administrative guidance is also the evolution of the modern country idea,the market economy,the government role and the administrative pattern. After World II, administrative guidance emerged and has played an important role in the Japanese economic and social development. Then, it became popular in Korean, American, German, French as well as Taiwan area in our country. Because of its flexibility,democracy and indirect, administrative guidance has the special effect in the change of government,the cultivation of government image and the balance between government and market relation. But compared with traditional administrative action, such as administrative regulation,administrative punishment, it is also an important administrative phenomenon lacking in theoretical base, low in legalization and with many practical problems, so we need to research it in thorough system.This paper adopts the comparative analysis method, studies law of administrative guidance in a part of market economy countries and areas, then choices administrative guidance in Korean, American, German, French as well as Taiwan area in our country, carefully inquires into their background theory,experience and other factors. First, we analysis the theory background of administrative guidance, compared several concepts in each counties and areas, elaborated the actual operation mechanism, and put forward the procedure legislation proposal to our country. Finally, based on the present situation of administrative guidance, we seek to its relief system, and promulgated the enlightenment to our country in establishing the aim in administrative guidance system so as to serve the democratizations and efficiency of Chinese administrative mode.