Research On The Legalization Of Administrative Guidance Procedures In My Country

As a new type of administrative behavior,administrative guidance has been widely applied in all the fields because of its flexible,simple and efficient,not sticking to formalities and other characteristics,and also achieved good social and economic benefits in the implementation.But it is precisely because of these advantages,administrative guidance in practice also encounters problems,making the standardization of administrative guidance a discount,leading to the risks to the interests of the public.As the legal norms of administrative guidance in China are not perfect,especially the lack of legislation in the process of regulation,which is sharply contrast with the wide implementation of administrative guidance.Therefore,with the expansion of administrative power in the modern society and the expansion of the scope of administrative discretion,it is very necessary to incorporate the procedural norms into the administrative guidance.In the context of the development of a unified administrative procedure code has been included in the legislative plan,and in the absence of administrative guidance legislation and relief is not smooth,administrative procedure shows its advantages in regulating administrative acts and preventing administrative tyranny.For this problem,this paper analyzes the related theory of the procedure of administrative guidance and administrative guidance procedure value,and learns from the experience of legislation on administrative guidance procedure extraterritorial administrative procedure law,and makes an empirical study on the operation situation of administrative guidance procedure in practice,puts forward some suggestions on Perfecting Chinese administrative guidance system.We hope it can help to standardize the administrative organs of the administrative guidance,and promote the advantages of administrative guidance,build a harmonious relationship of the administrative management.The article is divided into four parts:The first part:discusses the theory and value of administrative guidance procedure.It mainly introduces the meaning of administrative guidance and administrative guidance procedure,and analyzes the value of administrative guidance procedure.For the following discussion to pave the groundwork for.The second part:introduces and analyzes the legislative situation of extraterritorial administrative guidance procedure.This part introduces and analyses of regulation on administrative guidance procedure of Japan,South Korea and Taiwan area code of administrative procedure,to construct and perfect the inspiration guidance of China's administrative procedure system,in order to better the point out and analyze the existing problems of China's administrative guidance procedure.The third part:introduces and analyzes the general situation and existing problems of the administrative guidance procedure in our country.Providing the representative of the local administrative departments of administrative procedure,investigating and analyzing the procedure of extraterritorial legislative status,comparing with the existing provisions of our country,and pointing out the existing problems of China's administrative guidance procedure.The fourth part:puts forward how to construct and perfect the system of administrative guidance in our country.Is mainly aimed at unifying the principles of administrative guidance procedure should follow,setting the specific system for different types of administrative guidance and special requirements of different stages of the applications,and setting different administrative guidance procedures legal responsibility to carry out administrative guidance in violation of administrative guidance procedure.