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Study on Legal Remedy of Administrative Guidance

Author: ZhangYuXing
Tutor: WangShiTao
School: Dalian Maritime University
Course: Legal
Keywords: Administrative guidance Administrative action Legal Remedies
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 80
Quote: 0
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Abstract


Now, with the continuous development of China's market economy and the deepening of the reform, our country is in a period of social transformation opportunities, there are some deep-seated social contradictions, in the case of social security systems are not perfect, the task of the administrative law should shift some of the law enforcement philosophy, and actively implement a variety of law enforcement, and should not rigidly adhere to a rigid way of law enforcement, such as Executive Order. Administrative guidance as a new administration, with its flexibility and many other advantages of line with the needs of modern society and social management activities increasingly shows unusual role. Administrative guidance in the practical administration showed some inherent flaws and negative effects related disputes and acts of administrative guidance also continue to produce. In particular is part of the administrative guidance of behavior is no specific legal basis for the case to be implemented, or whose specific legal basis, but pre-program implementation as a mandatory administrative enforcement action in order to achieve a more efficient administrative purposes, or for ensure the effectiveness of administrative guidance and take the interests induced spirit guide or even mandatory safeguards certain facts, and the legality of the conduct of the administrative guidance the controlled and relief issues became the focus of attention and controversy. Constrained efforts to increase oversight of administrative guidance view of this innovation through the legal system, will be included in a range of legal remedies, to form a relatively complete monitoring relief mechanism for safeguarding the legitimate rights and interests of the administrative relative person and supervise the administrative organs to perform their duties in accordance with the law, to achieve administrative guidance of the rule of law, with the major theoretical value and practical significance of the rule of administrative law. This paper first introduces the administrative guidance related concepts of legal remedies, and then to study the nature of administrative guidance, discusses the need for legal remedies of administrative guidance, legal relief is the principle of the rule of law of the same powers and responsibilities of the administrative guidance requirements, nowadays service responsibility of the Government to fulfill its obligations, and also the trust of the basic requirements of the protection principles. Then further comparative analysis of legal relief in Japan, the United Kingdom, the United States, Germany and administrative guidance system, and in this process reveals the same system and inconsistencies and summed up the Enlightenment to China. This basis, the author of administrative guidance divided into the abstract administrative guidance and specific administrative guidance further illegal or unreasonable practice of administrative guidance sub-categories for different relief. Propose specific measures to establish a sound administrative guidance system of legal remedies. In general, this legal remedies, there are two: one is to get relief through litigation; another relief through non-litigation, administrative reconsideration, administrative compensation and compensation.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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