Administrative Guidance For The Rights Security Research

In the field of administrative law, administrative guidance for its flexibility andmildness becomes one of the means of administrative activities to be widely used in andplays an irreplaceable positive role. However, due to the administrative guidance laterappeared in China, the lag of its theoretical research and legislation hinders theimplementation of the administrative guidance. In the practice of the administrativeguidance, because the administrative subject enjoys greater discretion, private party’slegal rights are often neglected, not only failed to achieve the goal of administrative, isalso a severe test of the credibility of the government. From the perspective of theprivate party’s rights protection in the administrative guidance, the article respectivelydiscusses the private party’s right to participation, right to know, the right of equaltreatment and relief rights, puts forward to perfect our legislation of administrativeguidance, basic principles, procedures, supervision and relief ways, to provide a solidguarantee to the private party’s legitimate interests in the administrative guidance.