China's Administrative Guidance And Its Legal Relief Research

The administrative guidance of our country appeared in the 1980 s,after decades of development,its application has become more and more extensive.The administrative guidance is to guide the actions of the other people in the administrative opposite party through encouragement and Suggestions in order to realize the corresponding administrative purposes.Citizens have the right to choose whether to accept or not to receive administrative guidance.At present,the idea of service-oriented government is proposed and promoted,and the government provides the citizens with more convenient and efficient service.In this context,the positive significance of administrative guidance is more prominent than other administrative functions.The extensive use of administrative guidance helps our country practice the concept of service-oriented government,and provides guarantee for the transformation of government functions and reconstruction of image.The administrative guidance,while exerting its special utility,also presents its own defects.In our country,the administrative guidance lacks the regulation of corresponding laws and regulations in the course of application,and the result is not transparent,irregular and so on.This phenomenon directly harms the rights and interests of the administrative relative,and the dispute over administrative guidance is increasing.Citizens choose to receive administrative guidance out of trust in the government.According to the trust protection principle,citizens caused by accepting administrative guidance its existing interests is damaged,or looking forward to have damage there will be a relief,our country should provide the corresponding relief way to make up for the loss of citizens so.At present,the construction of legal system related to administrative guidance is not perfect.In accordance with the relevant provisions of the current administrative procedure law of our country,the disputes caused by administrative guidance is not within the scope of acceptance and other relief way also did not into its scope of administrative guidance,lead to the administrative relative person cannot effectively maintain their legitimate rights and interests.Without effective protection of the lawful rights and interests of citizens,the lack of public credibility will inevitably result in the development of social harmony and order.This article is divided into four parts,the first part of the legal relief of administrative guidance of the relevant theory,based on domestic and foreign scholars on the definition of administrative guidance,summing up the concept of administrative guidance law relief.The principle of administrative law is analyzed in China for administrative guidance.In the second part,we can find out the problems of the current administrative guidance in China from two aspects: legal and legal practice.The third part is based on the above part,and the third part analyzes the reasons for the incomplete administrative guidance in China.In the fourth part,we will solve the problem of legal remedy in our country.From Japan,the United States,Germany and other countries advanced administrative guidance law relief experience,combining the current situation in our country,put forward suitable for legal relief system of administrative guidance in China.