Study On The System Of The Legal Liability Of The Administrative Guidance

After the Second World War, especially since the 1960s, as be a flexible and effective manner of the administrative management, administrative guidance has been widely applied by more and more countries. With the further development of Chinese Socialist Market Economy and the process step by step of the Socialist Democracy, administrative guidance is also increasingly being used frequently in China. But administrative guidance gave rise to many problems in the actual operation. Actually, the legal Liability of the administrative guidance played a pivotal role. In this case, furtherly studying the system of the legal liability of the administrative guidance, establishing and improving it, and thus to promote the development of the theory and practice of the administrative guidance is extremely necessary. Therefore, this article will study the legal liability of the administrative guidance and analysis the system of Chinese and give some suggestion in accordance with the studying and development of the system of Chinese administrative guidance.This article firstly analysis the basic theory of the administrative guidance and its legal liability, and then introducing the experience of the system of the legal liability of the administrative guidance of some foreign countries. I will find out the ways how foreign countries solved it, and find out the deficiency in our system, in accordance with the experience of the foreign countries, and give some suggestion. As follows:By studying to find out the basic theory of legal liability of administrative guidance. Moreover, giving some suggestion to improve our system in accordance with the experience of the foreign countries. There are three parts in this article.Part one:The overview of the theory of the administrative guidance and its legal liability. It included the concept of the administrative guidance, the concept, the characteristics, the types, the composition elements, the theoretical basis and the necessity of the legal Liability of the administrative guidancePart two:The studying of the system of the legal liability of the administrative guidance of the foreign countries and its inspiration. It mainly researches the experience of the system of the legal liability of the administrative guidance of the Japan, United States, Germany, Korea. Furthermore, it points out its inspiration to China.Part three:The deficiency of the system of the legal liability of Chinese administrative guidance. Considering the present situation in China, I will point out the deficiency of the system of the legal liability of Chinese administrative guidance.Part four:The suggestion of improving the system of the legal liability of Chinese administrative guidance. Considering the present situation in China, I will give some suggestion improving the system of the legal liability of Chinese administrative guidance with the experience of the foreign countries.