Study On The Administrative Guidance Procedure Of Our Country

Along with our country changing from "management-oriented government" to "service-oriented government", the law enforcement idea of the government also changing from command-and-conquer to service-oriented gradually. Administrative guidance, as a kind of "flexible law enforcement" means that can adapt to the complex and changeable flexible economic, social management needs, is more and more widely used by our government. However, due to the lagging of the legislation, at present, there is not any legislation specifically for administrative guidance. The administrative guidance behavior’s making and implementing only decided by the administrative authority according to the actual needs of administrative discretion, and the administrative relative person’ damages which caused by the administrative subject’s behavior of administrative guidance has no way for relief. From the administration according to law and safeguard the legitimate rights and interests of the administrative relative perspective, China must enact and perfect the related legislation of administrative guidance. And because the administrative guidance has stronger feasibility and execution, thus the legal regulations on administrative guidance, more important should be the procedural law regulation. Hence it is necessary to have a system and comprehensive study on administrative guidance.On the basis of introduction the theory of administrative guidance and the meaning and value of administrative guidance procedures, analysis the main problems of China administrative guidance procedures, and study and learn from foreign countries and Taiwan Region of China’s legislation practice and experience on administrative guidance procedures,This paper proposes a systematic and comprehensive suggestions and solutions for the development and improvement to our legislative and system of administrative guidance procedures. Based on this, this paper is mainly through the five parts to start discussion:The first part is the meaning of administrative guidance procedure. Mainly on the description and analysis of the conception, legal attributes and functions of administrative guidance, and the meaning and value of administrative guidance procedure, which leads to the following investigation on administrative procedures in depth. The second part is the problems which exist in the administrative guidance procedure of our country. The part has a systematic and comprehensive analysis about the related issues which exist in the theoretical research, legislation and practices of the administrative guidance procedure, in which especially analysis focus on the present issues that exist in in the administrative guidance procedure practice of our country from the concept level, decision-making level, the implementation level, the relief level, supervisory level.The third part is the study of administrative guidance procedure to foreign countries and Taiwan Region of China. The part through studying the relevant provisions on administrative guidance procedure which exist in Japan, South Korea and Taiwan Region of China’s Administrative Procedures Act, summed up the experiences can be learned from and the related issues should be noted that can be used for the legislation and improvement to our country’s administrative guidance procedure.The fourth part is the overall scheme to improve the administrative guidance procedure of our country. The part which aims at the problems exist in the administrative guidance procedure to our country, on the basis of combining our country’s administrative practice and learning from the legislative experience to administrative guidance procedure of abroad and China’s Taiwan region, propose the overall scheme to perfect the administrative guidance procedure of our country from four sides——the general ideas to improve the relevant legislation of our country’s administrative guidance procedure, to define the legal attributes of administrative guidance procedure scientifically, to establish the basic principles of administrative guidance procedure,to clear the application scope of administrative guidance procedure.The fifth partis the specific countermeasures and proposals to improve the administrative guidance procedure of our country. This part is the core section of this article. Based on undertaking the above, The part proposes the systematic comprehensive scientific and feasible countermeasures and proposals for perfecting the administrative guidance procedure of our country, and which separately including the decision-making procedure system, the implementation procedure system, the relief procedure system, accountability procedure systems and supervision procedure system. And conduct a comprehensive and specific analysis and discussion for the above five aspects.