Administrative Guidance On The Legal Regulation And Relief

Administrative guidance to dilute the power of color, to respect the autonomy of theadministrative relative person, does not have legal consequences, easy for the administrativerelative person to accept etc. it is widely used in market economy countries in the world today,its advantages in the management of social administrative affairs mildness, timeliness,democracy and efficiency, has been widely praise. The system of administrative guidancewith today’s world of democratic politics and the trend of economic development, is theinevitable requirement of the modern rule of law and dynamic administration, administrativeguidance has become a modern government administration center with its irreplaceablesuperiority. But the administrative guidance and the development time is not long, on theunderstanding of the administrative guidance theory circle and practical circle in variouscountries are still many disputes, the application in practice are also different, which play inthe management of social affairs role are not the same. This article uses the literature analysis,comparative analysis and empirical analysis, and systematically explore the administrativeguidance system background, starting from the analysis of the concept, the nature ofadministrative guidance, function, application, interest factors, the administrative guidancerecessive itself power and de facto force, as well as the some of the features of alienation atpresent because of the lack of legal regulation and relief of administrative guidance in realityand the emergence of negative effect, this paper discusses the necessity of legal regulation andrelief of administrative guidance, and puts forward some specific ideas about constructingadministrative guidance legal regulation mode and the relief mechanism, hoping to realize theadministrative guidance of the rule of law and standardized, to better promote theadministrative guidance to play a more active role in the modern administration.