On Judicial Review Of Administrative Guidancein China

As a new and flexible means of administrative management, administrative guidance has been widely used in the administrative field. The judicial review of administrative guidance is not only the inevitable requirement of preventing the abuse of power, but also the needs of principle of trust protection and the principle of rights must be relief. In the current legislation in China, Suability of administrative guidance is still controversial, the standards and rules of judicial review of administrative guidance is lacked as well. Therefore, we should start from the measures like expanding the scope of administrative litigation, enriching the substantive legislative of administrative guidance and reforming the administrative litigation procedure to improve the design of the system of judicial review of administrative guidance.This paper mainly discuss the above issues, this paper is divided into six parts:The first part is the introduction. By the research background as a starting point, emphasize the judicial review of administrative guidance of the domestic and foreign research present situation and the research significance, at the same time, a more detailed description of the research method used in the process of writing this article. The second part is the basic theory of judicial review of administrative guidance. Mainly discussed the legal status of the administrative guidance, classification and the characteristics of the judicial review of administrative guidance, at the same time, analyses the legislative predicament and reasons of judicial review of China’s administrative guidance. The third part is the necessity and feasibility of the judicial review of administrative guidance. Mainly discusses the necessity and feasibility of judicial review of administrative guidance, indicated that our build judicial review of acts of administrative guidance system is imperative. The fourth part is the evaluation of the foreign judicial review of administrative guidance. Mainly to study abroad on judicial review of administrative guidance, through the evaluation on the countries of the common law and the civil law, puts forward some beneficial to China. The fifth part introduces the construction of judicial review of administrative guidance. Firstly, explain how to use the principles guiding the construction of judicial review of administrative guidance, secondly, proposed the specific system design of the judicial review of administrative guidance. In order to clear direction for legitimate and effective legislation, build the legal protection for the right relief. The sixth part is the conclusion. Make a summary of the full text.The focus of the thesis is to describe the basic theory of judicial review of administrative guidance, and explore the legislative predicament and the reasons of judicial review of administrative guidance. Learn from the advanced experience of foreign countries, to seek the road which is suitable for China’s development. System construction is inseparable from the exploration of theory, at present, many scholars just study the appearance of the problem, lack of exploring the theory in-depth. Therefore, we should break the traditional idea, and mine the deep-seated reasons of the research goal, in order to make strong foundation for the construction of our country’s judicial review system of administrative guidance.