Research On Legal Relief Of Dissimilatory Administrative Guidance

Since the administrative guidance is widely used in various fields in today’s society,the theory of administrative law scholars and judicial workers on its properties have been wide controversy and relief,in the current practice,owing to some special attributes of administrative guidance and the unequal reality status of the parties,plus the lack of specific laws and regulations can be based on,As a result,the phenomenon of qualitative change and alienation of administrative guiding behavior emerges one after another,and it is difficult to obtain effective relief for some interests damage caused by it.It is an important and urgent problem to identify and identify the characteristics of alienated administrative guidance and to seek feasible remedies.For this reason,it is necessary to determine whether an administrative guiding act is alienated.First,it is necessary to see whether the administrative act deviates from the essential characteristics of non-mandatory or factual acts.Second,it depends on whether the administrative guidance has produced specific legal effects on the relative person,that is,the change of the content of the rights and obligations of the parties or the increase or decrease of the number.If it deviates from any of the above points,it can be said that administrative guidance has been alienated.On the basis of clearly identifying the alienated administrative guidance behavior as far as possible,this paper makes a brief analysis of the necessity of legal relief of alienated administrative guidance behavior,then points out the existing problems and causes of legal relief of today’s alienated administrative guidance behavior,and puts forward feasible suggestions.Right and remedy always go hand in hand.The remedy in administrative law includes the self-correction in the course of action and the responsibility after the event.The relief to the alienated administrative guidance is not only to restrict the arbitrary exercise of the government’s executive power,but also to protect the legal rights and interests of the counterpart from being infringed.Administrative guidance after the alienation from the original part of the nature and characteristics of the counterpart damage because of the administrative guidance after all kinds of relief way legal basis is not clear and hard to get effective relief,if after the dissimilation of administrative guidance relief rights can not get effective solution,then the other management activities related to administrative guidance results will follow.It is of great theoretical value and practical significance to perfect the dissimilated administrative guidance relief mechanism from multiple directions and ways and bring it into the legal relief of various ways.