Administrative Guidance Under The Rule Of Law

Administrative Guidance is the center of administration. As a flexible administration pattern, it has made up for the vacancy and rigidity of law. Because of the backwardness of theory research and legislation, in practice the implementation of administrative guidance have no standardized procedures, law responsibility and lawful succor. How to take administrative guidance into the orbit of the rule of law has become a very complex and important issue.Based on predecessors'research, the author discusses the necessity and probability of judicial review, and proposes perfecting redress administrative guidance from the perspective of judicial review.Around the above theses, this article consists of preface,straight matter and conclusion. Preface depicts the actuality of theory and practice of administrative guidance, and explains the realistic meaning of judicial review on administrative guidance.The straight matter includes four charters. In the first charter the author analyses the necessity of judicial review on administrative guidance. The author indicates that judicial review is the most authoritative and effective means for safeguarding the rights of relative persons ,and is the necessary choice of taking administrative guidance into the rule of law by opening out the hypostasis of administrative guidance.The second charter discusses the probability of judicial review on administrative guidance from law theory and legislation, and indicates that judicial review is possible. In the third charter the author reviews the instances of judicial review on administrative guidance home and abroad. In the final charter the author analyses the problem and reason in practice about administrative guidance in our country, and proposes perfecting redress system in which judicial review is the core and put forward the correlative legislation proposal.