Judicial Regulation On China's Industrial & Commercial Administrative Guidance

Due to lack of self-control ability of the government macro-control and Lack of market self-regulation, the order administrative management mode disappeared from the stage of history, replaced by a Service Administration. Industry and commerce administrative guidance as a flexible management style appeared in the background of democratization, it attaches to communication and cooperation between the Government and the people, and can effectively make up for lack of laws, reduce the cost of law enforcement, to resolve social conflicts, to achieve balance of interests, had become an industrial and commercial reconcile agent administrative subject and administrative relative person between them. Industry and commerce administrative guidance reflects the people-oriented, service administration, in terms of protection of interests of citizens also play an important role.Industrial and commercial administrative guidance in the field of industrial and commercial administration's as a "new thing" to be used frequently. Due to industrial and commercial administrative guidance is not perfect or not standardized, it maybe damage interests of people in the course of implementation, and the reason is that: first of all, the government's power has shown a expanding trend. It is a power that Administrative entity to implement administrative matters, it sets laws and administrative regulations and other administrative normative documents, but it has not been effectively Regulation currently. Secondly, our economic system is planned, at the time of the traditional concept of background injunction also deeply engraved imprint of that phase; it is too difficult to use flexible government intervention reasonably in the Transitional Period. Thirdly, study on administrative law scholars of administrative guidance system is not enough, various unfavorable factors lead to lack of innovation disciplines administrative guidance system, which can not be effectively judicial regulation. Administrative practitioners did not consciously follow the development trend of the market economy requirements to implement administrative guidance. Therefore Industry and commerce administrative guidance not worked well.Thus, the industrial and commercial administrative guidance to judicial aspects of the regulation should be put on the agenda, meanwhile, the judicial control of industry and commerce administrative guidance reflects the concept of the rule of law jurisdiction oversight of executive power in the judicial conduct of industrial and commercial administrative guidance to regulate and restrict, on the one hand is an important way of judicial supervision of administration, on the other hand It embodies the right to restrict judicial administrative power. Limited judicial norms and constraints not only can effectively compensate for the lag in legislation, bur also can effectively compensate for the limited capacity of legislators, if we will find a control mechanism from the executive itself only, it seems unreasonable, while the Industrial and Commercial Administrative Guidance Division Regulation has the advantage of due process and fair justice. So we examine and analyze Japan, the United States, Germany their administrative guidance system, According to planning through legal channels to regulate and restrict the behavior of industry and commerce administrative guidance blueprint, to clear objects and scope of industrial and commercial administrative guidance, to study the review standard of industry and commerce administrative guidance, we should clearly define the responsibilities of industry and commerce administrative guidance, we can established the Administrative Ombudsman etc. These are solutions to this problem..