On The Law Control Of Administrative Guidance

Administrative guidance is the main part of administration in its ownresponsible areas，using some ways according to the law spirits，principle，rules orpolicies flexibly in time，for fitting in this complex variety of economy and socialmanagement needs，as well as using unforced methods such as: suggestions，exhortations， instructions and encouragements etc. to guide relative peoplewillingly take some sort of actions， to achieve established behaviors ofadministrative purpose. Due to our country’s legislation is comparatively lag inadministrative guidance，the shortage of research for administrative guidance inacademic field，the main part of administration is lack of the proper knowledge andattitude，administrative guidance appears quite a lot of legal issues，like the lowlevel of standardization for behavior，behavior is devoid diaphaneity，lack of thepath for rights relief and so on. Therefore， standardizing and restrainingadministrative guidance，reinforcing the legal control of administrative guidance isdefinitely necessary.The mode for legal control of administrative guidance shouldbe mainly controlled by program and supplemented by physical control.Administrative guidance need to follow principle of legality，the principle offlexibility and the principle of balances. Building the administrativeguidance-controlled system should also strengthen the substantive law and thecontrols of procedural law for administrative guidance，furthermore completerights and relief system.