The Dilemma And Countermeasures In The Application Of Administrative Guidance In China

In 2008,the government of Hunan Province issued the first governmental and its departmental administrative procedure regulations-"Hunan Province Administrative Procedures".As an independent legal procedure,the administrative guidance stipulated in this statute.In the succeeding years,the provincial cities and counties(autonomous regions)and governmental departments of all levels have progressively issued regulations on administrative procedures,and clarified administrative guidance in the procedure,standardized the development and implementation of administrative guidance.Nevertheless,in the practice of administrative guidance,lacking effective measures towards emergencies,ability to guide in the implementation part of the interests of the injured party,guiding in the implementation of the object link the lack of independent risk prevention,and the service system in the external environment is imperfect,as well as the problems that the consciousness of rule of law in these four aspects need to be improved and other issues still exist.This paper hopes that the research of administrative guidance in practice could help to solve the dilemma.Besides using traditional measures,referring to the administrative procedure regulations of the local governments and other administrative laws and regulations with the formation of enterprise in the practice of risk prevention and control measures,it introduce emergency plan system,the third-party system and insurance system and other measures,based on current legal procedures in the administrative guidance,so as to improve the efficiency of the administrative guidance to deal with the abnormal situations,strengthen the administrative guidance in the implementation process especially the big problems of the effectiveness of the implementation,enhance the guide on improvements of the ability of anti-risk of citizen independently.By the introduction of these systems,ultimately,to regulate the administrative guidance procedure consummation law.