Legal Support For Administration Dirtrict Violation Right

Administrative guidance can be called a new administrative means to adapt to the contemporary marketing economy. As a new administrative approach, the administrative guidance has been widely applied in the activities of administrative management in many countries, and to a great degree, it has promoted the global economic development. The appearance of administrative guidance offers the opportunity for the government to change functions, to re-establish the governmental image and to promote the formation of harmonious society. It is the fruit of the development of cooperative and coordinative democratic spirit in the contemporary administrative law, and it is also a remedy for the two defects, ie. the marketing control malfunction and governmental intervention, which are brought along in the course of development of the contemporary marketing economy. Consequently, administrative guidance has a legal position that can't be replaced by administrative act. In our country, following the gradual formation of socialist marketing system and the increasingly deepened governmental reform, the administrative guidance, a soft means, began to be widely put into practical use, and it plays positive function in improving the governmental image, lowering the administrative cost, promoting the democratic development. While despite the administrative guidance shows the special efficiency, it demonstrates the inherent defects and negative signs in the administrative actual effects, resulting constant disputes involving administrative guidance. Taking a view from the status quo of our country, the problems existing in the administrative guidance, besides the low degree of transparency in conduct, mode of conduct not normalized, the legal remedy system for administrative guidance being far from complete, and there are cases even no legal remedy to resort to, and incidents as jeopardizing the rights of administrative counterpart frequently taking place. The administrative procedure law of our country doesn't settle this type of disputes, which leaves no chance for the administrative counterpart to seek remedies for his own right. And this contradicts to the spirit of present legal system, because any administrative measures that is lack of efficient supervisory mechanism and lack of necessary remedial system for protection, can hardly gain credit from people, and hardly to attain the expected administrative purposes. In our country, the cognition and study over the administrative guidance is relatively late, there are exploratory treatises regarding administrative guidance published on and off after 80's, while for some certain reasons, the research intensity in this regard is way far from enough, and there are major divergent opinions on the understanding of the administrative guidance, which consequently affects the remedial efficiency of the administrative guidance. In the practice, there occurs abuse of administrative guidance hurting administrative counterparts while nowhere to seek for remedies. Therefore, to strengthen and complete the supervision over the administrative system and remedial system, has become the priority for the construction of the system of administrative guidance, which is also one of the vital contents discussed in the study. While to establish and complete the remedial system, there has to be at least 6 systems concerning administrative guidance demanding gradual innovation and completion, which are respectively concerning administrative commissioner, administrative complaints, administrative reconsideration, administrative compensation, administrative indemnity. These systems complement each other, jointly function, and from several angles, they rectify and remedy over the negative results of administrative guidance, speeding up the actions of administrative guidance towards the track which is rationalized, normalized, institutionalized and legalized. Thereby, mainly focusing on the status quo of the remedial system for the administrative guidance of our country, the study puts forward my personal thoughts for innovation and completion on the aforesaid 6 systems.