The Theory Of Administrative Guidance

Abstract:Administrative guidance is a new way of administrative behavior, administrative, with non mandatory, fact, induced the basic characteristics and, after the second world war developed rapidly, become the modern administrative law theory system is one of the important contents.Administrative guidance has profound economic reasons. Since the early modern Europe has become the global political, economic, and cultural development center since, world economy development mode has experienced four stages of development:the obvious--eighteenth Century sixteenth Century to colonial expansion characteristics of the mode of economic development; in the latter half of the eighteenth Century--nineteenth Century to laissez-faire for the characteristics of the mode of economic development; the end of the nineteenth Century-twentieth Century, middle of the government intervention characteristics of the mode of economic development; since the middle of the twentieth Century new market economy development mode. Administrative guidance is accompanied by the evolution of the patterns emerge as the times require, but also to promote the healthy and harmonious development of economy.Administrative guidance embodies the basic value of the constitutional. The constitutional government to the sovereignty of the people as the starting point, with the constitution as the carrier to democracy, human rights, rule of law, as the support, to limit the power of government and the protection of civil rights for the purpose of, draws a civil society blueprint. Administrative guidance as a flexible, non mandatory administrative way, with a clear legal basis, it is the inevitable requirement of the development of modern democracy, government by law idea is due justice, safeguards the human rights important way, to the construction of constitutional government plays an important role in promoting.Administrative guidance in China gradually by academic circles and practical circles pay close attention to, the State Administration for Industry and Commerce have been required in the countrywide industrial and commercial system implementation of administrative guidance, and developed related department rules and other normative documents. Of course, the administrative guidance has some limitations in operation, there are also many problems, the need for further development and perfect, the need of good legal environment, needs institutional coordination.