Research On The Relief System Of The Administrative Guidance

Administrative Guidance is the Non Mandatory Administrative Act, which basis on the administrative subject according to law legislation (including principle of law and spirit of law ) legislation and policy , which causes Administrative Process to do or not to do some action as volunteers. It is not only the result of the spirit of cooperation and consulting of modern Administrative law, but also the way of mending the problems of modern market economy development. It has a legal statues that no other Administrative act can play .On one hand , it has a lot of special functions .But on the other hand, it brings many problems during the practice of Administrative Guidance. In the Administrative Litigation Law of the Peoples Republic of China, a person who can not have the right of Administrative Litigation for the Administrative subject wrong act. It violates the modern legal spirit , for the reason is that the people can not believe their government if it has not enough relief system for its act. Now we can get a conclusion that the Administrative Guidance Relief System is the most important thing which should be constructed.This paper falls into five parts to discuss. Part one is the brief theory of the Administrative Guidance , including the concept,the characters,the features and the functions of the Administrative Guidance .We make it clear what the characters of the Administrative Guidance is, and make the basis of the Relief System of the Administrative Guidance. Part two is the necessary of the Administrative Guidance Relief System. It is divided into four parts , The first is the needs of peoples relief , The second is the needs of changing the function of Chinese government , The third is the principle of faith , The fourth is the needs of principle of Honest and Credibility. Part three is the problems during the practice of the Administrative Guidance. I also discuss the reasons of it .Such as: We did not pay much attention to it,lack of relief system,lack of supervise and so on . Part four is the Relief System of the Administrative Guidance .I study it mainly by analyses the western countries. The last is the situation of Administrative Guidance and some suggestions of ways and procedure of relief system .I discuss the way is apologizing , compensating for a loss .The procedure is both the Administrative Procedure and the Judicial Procedure.