Research On The Administrative Guidance System From The Perspective Of Administration By Law

The CPC Central Committee’s decision on some major issues concerning how to uphold and improve the system of socialism with Chinese characteristics and advance the modernization of China’s system and capacity for governance,adopted at the Fourth Plenary Session of the 19 th CPC Central Committee,clearly states that it is necessary to "build a law-based government administration system with well-defined functions and duties." In the traditional concept,administrative law enforcement represents the exercise of the public power of the state.Law-executors often take compulsory administrative means which are simple or even rough to reflect their power.As a result,leading to the opposition of the counterpart and further intensifies the contradiction between the two sides of the administration.With the transformation of government functions,the role of administrators is gradually changed from manager to server,and the flexible administrative methods are also adopted on the basis of single rigid law enforcement with administrative guidance being the most typical and most widely-used one.As an important supplement to traditional rigid administrative methods,administrative guidance is soft,flexible and convenient,and has been more and more widely utilized in the field of economic and social management in China.It has played a positive role in promoting the benign interaction between administrative subject and administrative counterpart and building service-oriented government.For example,in face of the sudden outbreak of COVID-19,China’s administrative institutions applied administrative guidance to many aspects,which played a crucial role in restraining the spread of the epidemic.However,we still have not deeply investigated administrative guidance system from theoretical aspect in China and the construction of some supporting systems is not perfect enough,which results in the phenomenon that the implementation of administrative guidance causes damage of the legitimate rights of administrative counterparts without relief.In order to improve China’s administrative guidance system and take its fully advantage as a flexible administration method,this research studies administrative guidance system from the perspective of administration by law.Firstly,this study investigates theoretical basis of administrative guidance,mainly the concepts of administration by law and administrative guidance,and it is found that there is certain correlation rather than conflict between them.Based on this,the nature of administrative guidance is determined,which is a kind of administrative legal act that is not mandatory but has power at the same time.Secondly,through the analysis of the existing cases,this paper introduces the difficulties of administrative guidance in its implementation,mainly including three aspects: incorrect application of administrative guidance,and difficult to obtain supervisory relief.Thirdly,this study analyzes the main causes of difficulties in administrative guidance in China: the chaotic relationship between the two roles of administrative guidance,the loopholes in the program design of administrative guidance,and lack of supervision and relief mechanism for administrative guidance from theory and legislation.Finally,detailed,innovative and reasonable suggestion for improving administrative guidance system is carried out from the aspects of raising the awareness of both sides of administrative guidance,improving the administrative guidance procedure and establishing and improving the supervision and relief system,which might help speed up the transformation of government function and promote harmonious and stable development of society.