On The Legal Regulation Of Administrative Guidance

In the modern administration, the administrative guidance of the traditional administration according to law as a necessary complement to and a flexible and effective way of administrative activities have been increasingly applied to economic and administrative process, which is full of equality with the soft colors of modern management methods and measures to change the image of the government to promote the Chief of democracy, played an important role. At the same time, with practice develops , the negative effects of administrative guidance becoming increasingly prominent. On the one hand, and easily lead to the hollowing out of the rule of law; On the other hand, difficult to determine the responsibility of guidance leading to the relative violation of the legitimate rights and interests. In our country, because the traditional pattern of administrative intervention and administrative weakness of the rule of law, administrative guidance of the legal theory of lack of relief and other factors. Executive direction of our country are the jurisdiction of the executive self-legislation, the lack of a unified subject and the Legislative Council rules of procedure, the lack of specific legislation macro and micro aspects of the lack of effective means of relief. In order to better use of administrative guidance, administrative guidance to achieve more scientific, standardized, rule of law, we must view the perspective of the law under the guidance of administrative regulations - administrative guidance to improve regulation of the entity; the establishment of information disclosure of administrative guidance, the experts argues that the hearing, state the reasons, this filing system and process-oriented regulation; administrative guidance will be incorporated into the administrative reconsideration, administrative litigation, administrative compensation and executive compensation areas related administrative guidance to achieve the perfect relief system.In this paper, the guidance from the Administration and Legal Regulation basic theory proceed to analyze the nature of the administration guide, administration guide reveals the legal regulation of the theoretical basis and practical needs, and summed up the administration of China's relief system to guide the practice of law as well as the lack of demand. Theory and practice in the above two angles to be set out based on the combination of Western developed countries, relief system administration guide comparative analysis focuses on the administration of our legal system to guide the build problem.Article is divided into five parts: the first part for the introduction of the major research articles and research topics based on the value of research methods and study the basic framework. The second part of the administrative guidance of legal regulation theory outlined, including: the definition of administrative guidance, characteristics and functions of legal regulation to guide administration of the theoretical basis and practical needs. The third part of our country in the legislation and practice to guide the process of administration problems, and reveal the guidance of China's administrative law system and the reasons for the situation analysis. Part IV examined the Two Legal major Western country to guide the administration of legal regulation, a comparison of their similarities with the characteristics summarized to facilitate easy reference. Part V Administration guidance through the improvement of the physical regulation , procedures and relevant legislation and regulatory relief system was proposed to improve the guidance of China's Administration of legal regulation proposals.