On The Legal Control Of Administrative Guidance In China

After World War II, especially since the1960s, with the rise of the modern welfare state anddemocratic political ideas, administrative guidance as an important administrative law systemhas played an increasingly important role in modern market economy, and become an importantobject and scope of the research on administrative law theory and practice. In the course oftransformation from traditional planned economic system to market economic system,administrative guidance appears and is widely used in our country’s administrative management.However, because of the lag of corresponding theoretical research and legislation, administrativeguidance in practice is usually lack of democracy and transparency, causing many problems suchas alienation, unclear responsibilities, insufficient relief means. According to the problemsoccurred in administrative guidance practice, this paper starts by introducing the concept andnature of administrative guidance, and further analyzes the current situation of the legislation,practice as well as the cause of problems of our country’s administrative guidance. Based on theanalysis, this paper，aiming at better playing the role of administrative guidance in economicand social management, puts forward some methods of improving the legal control ofadministrative guidance in China. These methods include a detailed Organic Law and PracticesAct, a unified Administrative Procedure Act, a series of sound administrative guidance systemssuch as administrative reconsideration system, administrative litigation system, administrativecompensation and reparation system, so that administrative guidance can be completely put intothe orbit of the rule of law.