Study On Legislation Of Administrative Guidance

Since1950s and1960s, with the development of modern market economy and democratic politics degree gradually deepened, many innovative theories and methods in the field of social management emerge in endlessly in order to meet the needs of society. In administrative practice, due to the administrative guidance increasingly showing special features, many countries that have negative attitude of the use of administrative guidance began to focus on and research the apply of administrative guidance in the economic field in order to promote the development of market economy. In1980s, China transform from a planned economy to a market economy system, the executive authorities and their public servants in administrative activities gradually adopted some administrative methods that is more flexible and is not legally mandatory, such as administrative guidance, and this show the special feasibility and effectiveness. Meanwhile, with the development of administrative practice, the defects and negative effects of administrative guidance are gradually revealed, causing academic attention and controversy. This paper mainly discussed the theory, taking practical problems into account. In the course of researching and writing, legislative issues in administrative guidance were discussed.Addition to the introduction, this article includes four parts:The first part mainly explains the basic theory of administrative guidance. Firstly, based on the analysis of well-known scholars that define the concept of administrative guidance, we propose on own understanding of administrative guidance. Secondly, we discriminate the nature of the administrative guidance and regard the administrative guidance as non power administrative behavior. Again, we elaborate administrative guidance has functions of supplement law airspace, behavior guidance and induction, coordinated conflicts of interest. Fourthly, we compare the administrative guidance with other non-mandatory administrative behavior, such as the relationship between the administrative contract and administrative guidance and the relationship between administrative award and administrative guidance. Finally, based on the basic national conditions of China’s primary stage of socialism, we analyze the feasibility and necessity of administrative guidance legislation.The second part, according to China’s relevant laws and regulations about administrative guidance at the present stage, we point out the existing problems, including legal standardization of administrative guidance is not of high degree, supervision and relief mechanisms of administrative guidance are inadequate and low public degree and low public participation of administrative guidance, and we sum up the reasons.The third part, on the basis of learning from foreign outstanding legislative experience on the administrative guidance, we summarize enlightenment of administrative guidance legislation in our country. There are three main aspects:Firstly, improve the legal norms construction of administrative guidance; Secondly, establish and improve the corresponding supervision and relief mechanism; Thirdly, improve citizen participation in the legislative process.The fourth part, we propose the idea of legislation for administrative guidance. This paper proposes the idea of legislation for administrative guidance in three aspects, they’re establishing the basic principles of administrative guidance,system construction of administrative guidance,program of administrative guidance and supervise relief.