On The Legal Remedy Of Administrative Guidance

The traditional public administration is a kind of mode that "pressing people with the power". But the new way called "Administrative Guidance" is becoming more and more popular both in and out of China because of its flexisibility. However, we also have to face the passive effects it brings to us, not only because it reflects the relationships between civil rights and the public power, also we can' t find the efficient and proper legal solutions to get compensation when improper guidance is given by the public section and cause damages to us.But till now, the views on the concept and nature have varied through the administrative legal field both in China and abroad, which caused different influences on the liability and the succour of Administrative Guidance, still more this two factors are the keys of Administrative Guidance system, so it is necessary to do the research sysytematically. This article will analyse the Administrative Guidance from the view of the law liability and the succour of Administrative Guidance , and give my own ideas on this issue hoping to do some help for the theory and legal practice of public administration.Following the regular way to analyse the problem, I' ve divided the whole words into three parts :The first part is about the basic theory analysis on Administrative Guidance and its legal solution. The author holds the concept that Administrative Guidance is a way of public power act and it is a powerful act.In second part the author has discussed the reasons why we need the legal solution in this new field. It is the requirement of protecting people' s rights based on the belief of public acts, still more, it affects the whole process of founding a responsible government. There are another two reasons why we need this legal soluition on Administrative Guidance .In the third part, the author tried to find the proper form of legal solution on Administrative Guidance. Followed analysis on the necessity , the author have introduced some foreign experiences of legal practice on this field. After these steps, the author gave his conclusion: we have to get Administrative Guidance in our jurisdiction; and what is the suitable way to solve this complex problem.