A Research On The Administrative Guidance Litigation

Administrative guidance arose in Japan after world war two, popular in many of the countries now. As the largest socialist country, our country also introduces the administrative guidance as an exotica. Because of the flexibility, administrative guidance played a great role for many countries’ further development after the war, so it is an system worth to be promoted. However, administrative guidance also gradually showed the negative effects while it brought great benefit. If don’t lead Administrative guidance into the legal limits, it will produce huge threat on the legal interests of the individual in the society.For many principles, such as human rights and trust protection principle, it is should to make administrative guidance included in the scope of the relief, the particularity of both parties and its implementation methods is also influence factors. And litigation relief is the most important one of all sorts of relief way.Therefore, it is necessary to design an system structure of administrative guidance. At present, there are just a few countries those have case of administrative guidance litigation. Most countries don’t have similar provisions about administrative guidance litigation, including our country. So, administrative guidance litigation is still in a exploring phase. The biggest purpose of the article is providing a reference to our country’s system design of administrative guidance litigation.However, there are some different views about the definition of administrative guidance, so the first step is to give a distinct and scientific definition. This article defines and classifies the administrative guidance on the basic of other views through the literature survey and empirical analysis method, and gets a conclusion that administrative guidance is incomplete administrative behavior between administrative behavior and the fact behavior. This paper divides the administrative guidance into two kinds:developing administrative guidance and resistance administrative guidance, from the angle of easy to be relieved. Then the paper discusses the necessity of administrative guidance to be relief. According to foreign administrative guidance litigation and the relief situation of administrative guidance in China, the article gives the reasons of our country’s administrative guidance litigation lag behind other countries and some important enlightenments of administrative guidance litigation. Then the paper discusses two methods to realize the administrative guidance litigation:making administrative guidance into litigation range flexibly on the background of our lawsuit system, and change our lawsuit system. The end of the article gives administrative guidance litigation a brief designation from the principle of administrative guidance litigation, censorship standards and basis, the parties, the system of evidence and decision, etc.