Research On The Law Relief System Of The Administrative Guidance

Administrative guidance as to adapt to the modern market economy new administrativemanagement means, is widely applied to the administrative management activities in many countries, in acertain extent promote the development of the global economy. The use of administrative guidance totransform government functions, government image, promote the harmonious society provides theopportunity. It is a modern democratic spirit of cooperation and consultation in the development ofadministrative law as a result, also is the modern market economy development in the process ofadjustment to the market failure and government intervention in the double a remedy defects. Therefore,administrative guidance has the legal status of other government administrative behavior can not replace.In our country, with the gradual improvement of the socialist market economic system and the governmentincreasingly deepened, the reform of administrative guidance of the flexible administration managementmeans start used widely in our country, to improve government image, reduce administrative costs andpromotes the development of democracy has played a very active role.But administrative guidance in showing its special functions at the same time, in the administrativeeffectiveness also showed some of the inherent defects and negative effects, disputes related toadministrative guidance has been produced. From the present situation in our country, the negativeproblems of the administrative guidance, in addition to the administrative guidance act low transparency,behavior is not standard, the legal relief system of administrative guidance is far from perfect and even canbe said to be still in a blank state, damage the rights of administrative relative examples. This kind of issuein the administrative procedure law in our country is given will not be accepted, thus put an end to the administrative relative person seeking relief, run counter to it and the modern spirit of rule of law, becauseany a kind of lack of effective supervision mechanism and the necessary relief system securityadministrative measures are hard to get national identity and trust, difficult to achieve the expectedadministrative purposes.In view of this,through the legal system innovation we should increase supervisionand restraint to administrative guidance and Administrative guidance should be incorporated into our legalrelief areas.This article first introduce the concept of administrative guidance and legal relief,and then study thenature of administrative guidance, discusses the necessity of administrative guidance,thinks legal remediesof administrative guidance is necessary requirement of the ‘the same rights and responsibilities,’ isnowadays service一oriented government to fulfill obligations of accountability,but also the basisrequirements of the trust protection principle.and further I compares the legal relief system of Japan,TheUnited Kingdom,The United States, Germany,and the process reveals the same and difference of thesesystems.To establish and perfect the system of administrative instruction relief, at least should include thegradual innovation and perfecting related to administrative guidance of the National People’s Congresssupervision commissioner system, refer to the administrative complaint system in Japan, expand the scopeof accepting cases of administrative reconsideration and administrative lawsuit, strengthen theadministrative compensation and expand the scope of administrative compensation, as a system of form acomplete set complementary, mutual effect, from the perspective of a variety of negative consequences forerror correction and remedy of administrative guidance, spur administrative guidance behavior towardsrationalization, standardization, institutionalization and legalization orbit.