On The Law Relief Of The Administrative Guidance

With the development of our society and the transfer ofgovernmental function, the compel lent executive method posedby the government will not be in conformity with the rapidchanges of the society, the flexible non- compel lent actionsby the government has an unchangeable effect and came into theeyes of the public. And it will play a more important role inadministration of government and the vacuum zone of socialrequire.However, there is still no related regulations about theseexecutive actions, and the related remedies has not beenincluded in the judicial remedies, so there is a vacuum betweenthe social demand and the laws. To bring the executive guidanceinto full play, the first urgent things is to strength the remedysystem, and give remedy rights to executives, and makeadministrative intuitions assume related laws. On one hand, thiscan maintain the benefits of the executives; On the other hand,it will promote the awareness of the government to be strict withitself. Make the government serve his people better.The author chose the administrative judicial remedies as thetopic of this essay, and proposed that the key to the problemof the judicial remedies lies to find the basic theories ofadministrative law that fits our national conditions. The new point proposed here is that only the governmental service theoryis the one that fits Chinese conditions and governmentalfunctions most, and it fits the economic, political, andcultural development. Therefore, the patterns, approaches,and responsibilities under different situations have beenproposed here based on the governmental service theory.This essay mainly falls into four parts. First of all, itexpatiates the legal theory, and makes a definition of the legalremedies of administrative instructions from the point ofconcepts. The legal remedies of administrative instructionsmean the overall laws the national government applies tocompensate the citizens, corporations, and other organizationsfor its own violations to the law and improper executive actions.And from the relationship between power and right, the evil ofadministration, Faith protection principle, Government servicetheory, we can see that the progress which Administrativerelative person accept the guide equals the progress whichgovernment provide the services to Administrative relativeperson. Since the government is for service, the service is kindof like equal in value paid. The government should paid for it'sfault, this provide strong support in Legal relief ofadministrative guide. The next part, I point that,for theaffection of all factors, especially the distance betweengovernment and administrative relative person, make therelationship in a unfair place. So the Administrative main body may Infringement the administrative relative person, but for thepurpose of "rights with relief", it should give administrativerelative person the right of legal relief.make the possibilityof harmless at the lowest place.the second part,i point that, any mature legal systemhas to absorb from the advanced experiences of other countries.The regulations of legal remedies in many other countries, suchas Japan, France, America, South Korea, are listed here, andnotes that it is necessary to bring executive guidance into legalremedies, and it is also the evitable choose to the co-exist ofcitizens and governments, in particular, I introduce theAdvanced experience in Japan,and point that make administrativeguide part of Judicial relief is the goal of many countries. Ifthe construction of administrative relief and administrationtheory do not relate in together, always different with ourcountry's national condition, stands in an observer's anglediscussed some various countries' general character things,devised overall moves to other country's relief pattern in ourcountry, like this specifically constructs not the actuallyvalue to our country's administrative instruction.The creating point of this essay lies in the analysis toseveral fashionable basic theories of administrative laws, andexpounds the reasons and variability of the governmental servicetheory, indicating that only the governmental service theoryfits our national conditions. It also proposed that all the executive actions of the government is a kind of service, whichis necessary and compensable. The relationship between thegovernment and citizens is like the time-bargain, the citizenshave paid in the form of tax in advance, and the governmentprovides service to them occasionally, and this service shouldobey the principle of equipollence. The service of high qualityand quantity should be provided by the government. The proposalof this theory has constructed a powerful basement for the legalremedies.The last two part of this essay proposes that it isnecessary to strength the legal remedies models to perfect thelegal remedies of administrative instructions based on thegovernmental service theory. The real remedies do not refer tothose after the event, but those in or before the event. Theauthor discusses the three kinds of the modals of the remedies,and makes an elaborate proposition to the construction of thesystem, particularly to the after-event remedies, hasconstructed the lawsuit of Administrative instruction, thecompensation of Administrative instruction and Nationalcompensation of Administrative instruction, and these threepart constitute our country's afterwards provide relievessystem。After the constructions of the modals, the essay alsolists the possible dissensions in the daily administrations, andproposes a related remedy to each of them.All in all, by the superficial demonstration, it is not expected to provide much valuable suggestions to the law reliefof administrative guidance, but to draw the scholars'attentions.