Studies Of The Legal Relief System Of Administrative Guidance

Administrative guidance which is made by administrative subject within the scope of its statutory functions and powers is a kind of administrative act.In order to achieve a certain purpose,administrative subject adopts demonstrations、suggestions、advice、warnings、 encourage、instructions、or other optional ways to obtain the administrative relative person’s coordination, so as to realize their will. Since the second world war, this flexible and effective way of modern administration especially rose in Japan,and has played a huge role in Japan’s post-war economic reconstruction.Especially since the1960s, this system has been applied to more and more countries for their national economic construction, and has made a very positive results.In the process of administrative management, administrative guidance give the administrative relative persons enough room to play,at the same time, it ensures to realize administrative purposes. With the establishment and constant development of market economy in our country, administrative guidance that has a unique advantage has gradually adopted to our country’s administrative management activities in many areas and increasingly gives play to a unique function and effect.however, any system is has two sides, the system of administrative guidance shows special effect,at the same time, its defects and shortcomings shows, especially the system itself is not yet mature, Defects caused by the negative consequences will be more serious. One of the more prominent problems is:in the process of administrative guidance, when the administrative guidance causes damage to relative persons, there are not enough remedy ways to guarantee relative persons’ rights and interests. This kind of situation not only damages the legitimate rights and interests of administrative relative person but also hampers the positive function of administrative guidance. One of the important reasons for this phenomenon is our country has not established a clear administrative instruction relief system. So setting up the perfeet administrative instruction relief system quickly is significant to maintain the administrative relative person legitimate rights and interests、fulfill administrative subjects’ duties earnestly、supervise administrative organs and accelerate the process of our constitutional government construction. This paper uses four parts to research on administrative relief system. From chapter ii to chapter v,Ⅰ gave the main discuss.The first part give a Simple introduction about administrative guidance including the concept of administrative guidance and its nature, the focus is the nature of administrative guidance,because it is the basic premise for establishing the system of administrative instruction relief.In the first part,I also analyse the theory basis of administrative guidance legal remedy according these important legal principles as follows:integration of power and responsibility、honesty and credit、there is damage there will be a relief and the power in control.The second part gave the analysis of current situation in administrative guidance legal remedies and found the causes of the problem. The third part told the theory and practice of the administrative instruction remedy in developed countries, then put forward beneficial enlightenments to our country’s administrative guidance remedy system. The last part gave some meaningful countermeasures and suggestions to establish the legal remedy system of administrative guidance in China.