Administrative Guidance For Judicial Relief Research

Administrative guidance is the administrative body with instructions,advice and suggestions,hope,warn,provide knowledge or information,administrative assistance,administrative incentives and other measures to exercise their functions and powers,an administrative way to guide people to voluntarily reach relative administrative goals.Non mandatory is an important feature of administrative guidance,but also an important manifestation of administrative guidance is different from traditional administrative acts(such as administrative penalties,administrative decisions,etc.).However,the actual situation of the implementation of administrative guidance in China is that the administrative subject has many problems in the implementation of administrative guidance,while the illegal or wrong administrative guidance causes the damage to the interests of the administrative counterpart.For administrative guidance of judicial relief refers to the administrative subject in the administrative guidance in the process of administrative relative person damages,administrative counterpart has the right to request the people’s court through judicial review form,to give relief to the administrative relative person.However,due to the "Supreme People’s Court on the implementation of the" People’s Republic of China administrative litigation law "interpretation of several issues" the second section of the first article about the scope of administrative litigation,administrative guidance does not belong to the administrative litigation case scope,it violates the modern rule of law administrative theory.The theory of right protection,the theory of reliance interest and the theory of rule by law is the theoretical basis of administrative guidance.The administrative guidance of judicial remedy scope,belongs to the scope of accepting cases are mandatory administrative guidance,the subject and the content of illegal administrative guidance,administrative guidance,not false promises not as administrative guidance,administrative guidance.Does not belong to the scope of the case is to accept the administrative guidance after the accident and the loss of the administrative counterpart of their own reasons for the loss caused by.The way toconstruct the judicial relief system of administrative guidance in China is to amend the current administrative procedure law and relevant judicial interpretations.