Research On Administrative Guidance Tort Relief System

After world war ii, the Japanese economy gradually recovered and show off thesituation, one of the important reasons that administrative guidance system in Japan, thewidespread application of administrative law enforcement has achieved greatsuccess.After the transformation of economic system in our country, administrativeguidance system in our country also gradually promotion use, with the state governmentunder the rule of law concept of promotion, administrative guidance, as a newadministrative behavior is different from the traditional administrative behavior to getthe favour of administrative organs, many scholars’ research results also show theimportance of administrative guidance system and advanced.However, the use ofadministrative guidance system in our country is not a long time, countries in theimplementation of administrative guidance is also not formulate the correspondinglegislation and administrative guidance tort relief mechanism.The system value of the administrative guidance is undeniable, but in the absenceof legal regulation, in the practice of administrative organs and their staff to force a wayto force the administrative relative person to accept the administrative guidance,administrative guidance content illegal interests after induction, the administrativerelative person and refused to promise on the administrative relative person legitimaterights and interests is caused by the infringement case.In this paper to summarize thecause of the infringement of administrative guidance in China, summarized analysis ofthe current situation of our country’s administrative guidance tort relief.Administrativeguidance of infringement phenomenon is widespread in the world scope, the key is whatkind of supervision and remedy mechanism to deal with the state will set upprocessing.In this paper, the Japan, the United States, France, the three countries of theworld’s major administrative guidance tort relief mechanism is studied and thecorresponding evaluation, on the basis of reference and reference to foreign legislationpractice in such aspects as legislative, administrative and judicial, the writer putsforward the ideas and Suggestions of administrative guidance tort relief mechanism inChina.Besides preface and epilogue, this article is divided into four parts.The first part, the concept of administrative guidance and administrative guidanceinfringement analysis, through the definition of comprehensive studies of the two proposed the author personal point of view;The second part, the cause of theinfringement of administrative guidance in China are summarized, mainly includingranking thought serious, imperfect legal system of administrative guidance andsubjective understanding insufficiency aspects;The third part, in Japan, the UnitedStates, France, these a few major countries in the world of administrative guidancesystem are introduced, and the administrative guidance list and comment on the tortrelief mechanism.The last part, on the basis of the former three parts of our country administrativeguidance tort relief mechanism puts forward some ideas of the author, mainly includingthe tort liability act,"administrative procedural law","the state compensation law" andother laws to modify and perfect administrative compensation system, set up thecommissioner of National People’s Congress supervision mechanism, etc.