On The Improvements Of China's Administrative Guidance System

Administrative guidance, as a new administrative way, has been gradually given attention and utilized widely after World War II. It's the product of the unceasing evolution of market function, government role and administrative pattern under many factors correlated, such as the economy, the politics, the administration, the culture and the society. Administrative guidance is a kind of administrative activity that the administrative subjects make the relative persons do the things that the administrative subjects expect and reach the administrative goals through the non-compulsory methods. It is a systematical attempt that tries to seek the balance between the government and the market, and an important performance that tries to attenuate the obligatory administration. At present, administrative guidance has been positively utilized to implement the administration in China, for example, issuing administrative plans, announcing administrative information and formulating instructive methods. It is good for forming the legalized public welfare, coordinating administrative organs and the administrative relative persons. It is also advantageous to strengthen the citizen's consciousness about the right and duty and promote the transformation of the government's function. It is more advantageous to improve the traditional relation between the officials and the people, create a bigger space where the officials and the people cooperate and make up the legal insufficiency.However, the fundamental research about administrative guidance is frail, there are different in some basic problems at present, for example, what is administrative guidance? What is the nature of administrative guidance? What is the effect of administrative guidance? These theoretical differences have given the people a lot of problems in the administrative process when they utilize administrative guidance, for instance, administrative guidance is dissimilated for the administrative order, the administrative organs do nothing when they are needed to implement administrative guidance, the transparency of administrative guidance is low, the content about administrative guidance is illegal, the decision-making of administrative guidance is unscientific and the mechanism which is used to supervise and restrict administrative guidance is not perfect. If these theories and practical problems aren't solved, the function of administrative guidance can't fully display and it will not cause the government to implement the administration and realize the administrative goals effectively and conveniently. Therefore, the author attempts to elaborate administrative guidance systematically and theoretically, analyze the existing problems of administrative guidance combining some examples in reality and the reasons, then propose the practical feasible countermeasures of administrative guidance in China.How does our country have to establish one kind of any type the administrative instruction system to be decided in the very great degree by us understood this kind of system, how namely we do limit the administrative instruction the concept, the nature, the type and the legal relationship and so on. Recent year, many academic circles' experts, the scholar already published or have published many monographs and the article, was the administration instructs the oneself to any after to achieve some mutual recognitions, but also has many different viewpoints. The administrative instruction nature should be the authority administration legal act. The administrative instruction classification and the administrative instruction legal basis, establishes in the legal principle theory of law for the establishment and the consummation administration instruction system the foundation.Through to administrative instruction in overseas and our country development situation analysis, is we saw, Japan is the administrative instruction develops a quicker country, administrative instruction utilization suitable widespread, in economy, the market management domain and so on industrial policy, the manifestation also extremely are especially many. US is earthenware container Chinese style pavilion Lu Thacker abdicates the pattern namely so-called open market economic type the representative country. When processing government and market question, usually legislates and the financial finance method carries on the intervention and the adjustment in the macroscopic domain to the economic activity But, the administration instructs this kind namely to have the intervention and the adjustment function comparatively more gentle administration processing way, also gradually is accepted by the past repel and the denial by US, and takes the legal method one kind of effective supplement.The administrative instruction in our country government function status and the function, from the national economy integration and the socialist market economy development, our country administration reform is step by step thorough, the public administration main body multiplication, the administrative way diversification, the government service standard idea establishment, the citizen the sense of participation the enhancement, elaborated the administrative instruction realizes the modern government function effective way, also is the modern our country government administration important method.Therefore, its establishment and the consummation in the very great degree visible are the Chinese politics, the economy, the society develop symbolBut, our country administration instruction at present still has many problems. The existence question mainly includes the administrative instruction to lack the legal standard, the administrative instruction relations not yet straightens out, the administrative instruction transparency not not high, the administrative instruction freedom decides after deliberation the power too to be broad, the administrative instruction responsibility is not clear about and soon. Investigates its reason, mainly lies in following four aspects: One is the administrative personnel lacks the correct understanding to the administrative instruction; Two is the tradition legally the administrative idea influence; Three is "the authority culture idea thick" and "the right culture idea is light" coexists; Four is the administrative personnel quality is not high.How improves our country the administrative instruction, should begin from six aspects, including the practical transformation government function, the perfect administrative instruction legislation, strengthens the administrative instruction the control and the surveillance, enhances the administrative instruction the transparency, prevented abuses the administrative instruction power, the perfect administrative instruction relief way, improves government worker's quality.