On The Legal Remedy Of Administrative Guidance

Under planned economy our govemment was accustomed to use policy,until80's mid and last part government was willing to act according to law.As thetheory changed non-compulsory administration was emphisised by ourgovernment. However because of its immaturity, the Administrative Guidancebrings many negative influences and many disputes. Therefore, we should bringthe Administrative Guidance into the scope of administrative remedy and judicialreview. This may has an important significance to protect citizens' legal rights andto keep the enthusiasm of the government in carrying out their own duties.At the beginning of this article, we discuss the modem situation ofadministrative guidance in China,and explore it's backpoints,the main purpose ison duties and remedy.Then we discuss the basic theory and conditions ofAdministrative Guidance remedy.From the angle of nature,merit,objectivesituation we proved the necessity and feasibility of law remedy.Under the study ofmany countries'guidance ,we summarized the experience.In the last part weproposed the concrete measures to construct our system of AdministrativeGuidance remedy.