Judicial Relief Of Administrative Guidance

Administrative guidance as a new birth in practice management tools, its flexibility,cooperation and other advantages, countries are widely used in the world. However, dueto its inherent characteristics, compared with the traditional administrative managementtools, administrative organs in the course, more prone to irregularities, the situation iseven relatively human rights violations.Therefore, this paper from starting to explore the nature of administrative guidance,recognizing the power of some of the administrative guidance, administrative guidancewill be included in the scope of administrative acts. Administrative legal act shouldhave three elements: the main factor, power factor and legal elements. In actual practiceof administrative guidance have these three elements, therefore, should be included inthe scope of administrative acts.Secondly, through scientific re-classification, based on the principle of imputation,administrative guidance will be divided into three categories. That is illegal warningtype, type and behavior of the risk information provided administrative guidance to helpshape. Which help shape the behavior of the executive administrative guidance to helppeople accomplish specific behavior relative to guidance. This is absolutely trueinterests will produce an administrative guidance, when the relative behavior of peoplein this administration to make certain guidance relatively equal between the executiveand the administration reached a contract, it must fulfill the executive administrativeguidance promised obligations.Again, in the administrative guidance of the necessity and feasibility of judicialrelief, from the most basic principles of the rule of law, administrative guidance of theirown development, administration discussed the necessity of the actual situation;administrative guidance from the Nature of the Constitution and the law basis providedcan be expected in the future and practice to discuss the feasibility of other countries.Finally, in conjunction with other countries, such as common law countries andcivil law countries, useful guidance in the administration of judicial relief experience,try to build our administrative guidance for judicial relief system, specifically includingtheoretical innovation, improve the legal, institutional improve and protect theadministrative proceedings. Finally, two other relief system: executive compensationand executive compensation, administrative litigation mediation.