Investigate On The Legal Issues Of Korean Administrative Guidance

The administrative guidance in the modern sense has its unique features such as flexibility,softness,and convenience.It satisfies the expanding demand for quality and quantity of administrative functions in the modern welfare state,and has attracted much attention in the process of the rule of law,standardization,and democratization of modern state administration.In China,the idea of administering and constructing a service-oriented government in accordance with the law,and administrative guidance as a flexible administrative approach have also received increasing attention,and its legalization has also referred to the agenda.However,the current situation in China is related to lagging theory,practice confusion,and lack of experience.No matter from the perspective of the rule of law or from the administrative level,we cannot find a correct foothold.South Korea is the second country in the world to realize the legalization of administrative guidance.It has successfully integrated Japan's experience with local culture to form its own legal cultural elements.Legalization based on the government-led administrative model is in logic.The basis seems to be more in common with us.Therefore,it is of great significance to study the legalization process of administrative guidance in South Korea,draw lessons from its institutionalized approach and their methods of absorbing Japanese experience.In this regard,the article begins with the definition of the basic concept of administrative guidance,expounds the historical and legal implications of administrative guidance,and outlines the universal value of modern administrative guidance while sketching and portraying the nature of administrative guidance.That is,efficiency,democracy,and the incompleteness of the reinforcement law;on this basis,the article elaborates on the characteristics,functions,and modern values of Korea's administrative guidance,and summarizes the historical evolution and special functions of Korean administrative guidance.The bridge effect of cultural compatibility between East and West,the supplement of the gap between law and reality,and the functional role of promoting economic growth.Secondly,the article comprehensively examines and elaborates on the operational basis and operational status of administrative guidance in Korea,and analyzes in detail the motives,implementation methods,implementation effects,and follow-up measures of administrative guidance;it also focuses on the legalization path of administrative guidance in Korea.Through the legal control and relief safeguard measures,the legalization track has been approached.In the meantime,the methodology of Korean administrative guidance in the legalization process for drawing lessons from the Japanese experience has also been analyzed.Third,it further analyzes the problems existing in the current administrative guidance of South Korea,namely,the imperfections of legislation appearing in the process of legalization,the lack of operational mechanisms in the implementation process,the flaws in the value of law enforcement and the collusion between the parties involved in the operation and the black box operations.Corruption breeding,inadequate supervision and evaluation system,imperfect relief security,lack of legal awareness and law enforcement ethics.Fourth,based on this,the article puts forward specific countermeasures for improving the Korean administrative guidance system,namely,to break through the legislative limit theory,improve legislation,clarify operational rules before and after implementation of the administrative guidance,improve the operating mechanism and supervision system,improve ex post relief mechanisms,improve law enforcement personnel legal awareness and professional ethics,strengthening the legal awareness of the people.Finally,by summarizing the experiences and lessons learned from Korean administrative guidance and its legalization,the article expounds the enlightenment to the construction of China's administrative guidance legal system,namely,improving the legislation,establishing and improving the administrative guidance implementation mechanism and supervision system,improving the relief guarantee mechanism,and drawing lessons from other countries.The methodology of experience explores the administrative guidance model suitable for local culture and plays a role in building a government of the rule of law,a service-oriented government,and a government of the sun.