Research On Legal Relief Of Administrative Guidance

Although the administrative guidance does not have legal coercive power,it still has power.Implementing administrative guidance is a function of administrative organs.As a result,administrative guidance is often de facto coercive.Regardless of the need to regulate the behavior of administrative guidance or the need to build a government ruled by law,it is necessary to give it legal relief.Meanwhile,the "The right to the principle of relief",the"principle of lawful protection of protection" and the "principle of unification of powers and responsibilities" have provided strong theoretical support for administrative guidance.Although the existing provisions of Chinese administrative guidance and its relief are inadequate,there are still four possible remedies that can be analyzed within the current legal framework:Alienated administrative guidance to initiate administrative litigation;Letters and visits relief;administrative compensation relief and exercise of the right to report.But there are still many shortcomings in these four possible approaches.the "fault liability" and"fair liability" in civil law can be used for reference to clarify the attribution of legal liability for administrative guidance.For the wrong administrative guidance,the principle of fault liability shall be applied,and the administrative organ shall be liable to the instructed person according to the degree of fault.In case of damage to legal administrative guidance,the administrative organ shall compensate the instructed in accordance with the principle of fairness.Meanwhile,the scope of accepting cases in administrative litigation and reconsideration should be expanded,the illegal administrative guidance shall be included in the scope of administrative litigation and reconsideration,and clear administrative compensation for administrative guidance when the Administrative Procedure Law is legislated,so as to broaden the ways of legal remedy for administrative guidance.