Study On The Administrative Guidance Procedure Regulation

As a new type of administrative action administrative guidance is flexible and ha s a unique advantage and value in administrative management. Although it is originat ed in japan, but it is being paid attention to and used by many countries in the wor Id now. Also in our country’s administrative practice, many executive branches are act ively using this noncoercive and adaptable way of administrative behavior to change t he traditional administrative mode, and has achieved positive effect. But administrative guidance has its own disadvantages which is hard to overcome itself. It is because t he administrative guidance is conducted by the authority and its staff who owns the p ower, and they can carry out an administrative guidance according to the actual needs, thus misusing and abusing is inevitable, all these can arise problems and contradictio ns. To solve these problems, this paper is trying to seek for the good and effective w ay of legal regulation of administrative guidance. The structure and main contents of t his paper are as follows:The first part is beginning with two representative instances of administrative guid ance, they reflect the status quo of the administrative guidance in our administrative management practice. On the one hand, the administrative guidance is widely applied i n all kinds of fields, and the trend is in full swing, as it has so many advantages an d fits the on-going administrative management reform. On the other hand, there existin g many thorny problems, like the decision-making of the administrative guidance is no t scientific, the executor often holds impure motives,the process is not open enough, t he enforcement to the counterparts and the ignorance of the counterparts’reliance inte rests,etc.Obviously, the lack of procedural regulation is the main reason.The second part is the study about the legal nature of administrative guidance. It is the first problem to solve before finding a proper legal regulation way for adminis trative guidance. Administrative guidance is a new form of administrative action, admit this, then we can find the procedural regulation is better and more effective to admi nistrative guidance. It has many advantages and values, so it should be the first choic e. About the the procedural regulation of administration guidance, the third part intr oduces the practice of other countries and regions, which provides a beneficial referen ce to us.The last part puts forward the countermeasures and suggestions to perfect the pr ocedure of the administrative guidance of our country. The first step is to strengthen t he legislation of administration guidance procedure. The second is to establish the basi c principles of administrative guidance procedure. Again is to design different applicati on system according to the different stages and types of administrative guidance. Final ly, set legal responsibility for the violation of administrative guidance procedure regula tion.