Research On The Characteristic And The Actionability Of Administrative Guidance Acts

The administrative guidance acts is constantly brought up to discuss in theprocess of administrative democratization and in the field of administrativemanagement in China, it’s also one of the most important concept in the area ofnon-compulsory administrative acts. In recent years, service-oriented governmentrelated concepts got more and more attention as the Chinese government transformsfrom the manage-based government to service-based government. But today’s actualsituation seems, administrative guidance acts is in an awkward position of greatpractical significance, weak theoretical foundation and many practical issues.Therefore, clear position of administrative acts and its actionability make the rulesand the regulations for government in its process of the exercise of the relevantservice functions and relevant administrative guidance acts; It is imperative to haslaw to follow when the society interacts with the government acts and can make useof the legal proceedings to protect when the interests infringed upon by thegovernment’s non-compulsory guidance acts.In the field of administrative law, non-compulsory administrative acts,especially the administrative guidance acts, is the most important issue in thetransformation of government functions, which is the inevitable trend during theprocess of development of China’s legal system and continuously improvement ofgovernment by law. In the general trend of the democracy and the rule of law inChina, it is the crucial issue that coordinates the administrative acts on behalf of thepublic authority and interpersonal relations as a link to a contractual relationshipboth in the field of public law and civil law. That can not be avoided, especially therelationship between them. The research on the field of public law holds thedominant position of public power is an inevitable obligation. Thus, theadministrative guidance acts clear positioning as a better balance between publicpower and private rights and interests which affected by administrative guidance actsinfringement case, the legal proceedings to protect the administrative field highlights importance.In practice, Because of administrative guidance positioning is not clear,interests have been violated due to the acts of administrative guidance has not beenincluded in the administrative proceedings can be serious constraints and the relativeprotection of the public power seemed missing, is not conducive to China’s legalconstruction of the administrative areas, and the above problem is particularlyimportant.On the basis of more detailed introduction of administrative guidance acts bothin domestic and abroad, theoretical and practical status quo through documentaryresearch, social empirical research methods, comparative analysis method obtainedadministrative guidance acts as a typical act of the non-compulsory national powerof the legal acts of the nature of the continuity and the fact that act to positioning, aswell as acts the necessity and feasibility of administrative guidance act can beincluded in the scope of administrative litigation. To take the unified position of theadministrative guidance act theoretically and put the administrative guidance actdamage into the litigation can play a certain role of summary and bedding.