On The Improvements Of Chinese Administrative Guidance System

Administrative guidance from their birth to be widely used and then to the legal system of each process, with the administration of democracy, market economy, closely linked. Administrative guidance, as a new type of administrative action, such as the characteristics of flexible by the use of more and more people, especially in the transformation of government functions, administrative reform, democracy and market economy in depth the context of the development process, the Chief management and other non-mandatory guidance is favored by others, played an active role. Administrative guidance in our country mainly for guidance, encouragement, planning, guidance, advice and other forms, such as the announced plan outline, issued guidance suggested, industrial policies are all on the concrete application in the form of administrative guidance. Although the administrative guidance of the social construction and development of market economy played a huge role, but in practice the process of administrative guidance, it also appeared to be alienated, such as executive orders, lack of relief mechanism, administration misled the other issues. In order to better promote the transformation of government functions and enhance social welfare, protection of relative rights, the rule of law in the construction of great moment, and further improve our system of administrative guidance is necessary.This article including introduction, main text, conclusion three parts. The article basic structure and the primary coverage are as follows:The introduction part expounds the theory of state administrative guidance, particularly on the administrative guidance in the research process in our country and the present situation.The first chapter explains the basic theory of administrative guidance. Administrative guidance by comparing the content, nature, put forward the definition of administrative guidance and administrative guidance includes the type of administrative guidance should have the same positive features are discussed. The second chapter points out the administrative guidance to the main question and reason. While fully affirming the administrative guidance play a significant role in practice the basis of administrative guidance summarized in four aspects, there is a major problem, and from theoretical research, social attitudes, public service quality and administrative intervention model and so on to find out cause of the problem.The third chapter describes in detail the path of perfecting administrative guidance. Administrative guidance for the lack of institutionalization and the delay, first filed an administrative guidance should adhere to the seven principles: the legitimate and reasonable principle of organic unity; voluntary principles; take into account the principles of fairness and efficiency; service flexibility principle; trust protection principle; the principles of openness and transparency and the principle of shared responsibility. After the above principles are discussed on how to improve our administrative guidance designed three specific path. One is to raise awareness of conditions for implementation of administrative guidance ; the second is learn from Japan, Germany and the United States and other mature experience abroad; the third is through the improvement of the existing system, and actively implement the system of administrative guidance and standardized.The conclusion part carried on to the full text summarized and expresses to accelerates the administrative instruction legalization advancement the expectation.