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On the Characteristics and Legal Control of Administrative Guidance

Author: LiShengYong
Tutor: PengGuiCai
School: Jilin University
Course: Legal
Keywords: Administrative guidance Nature Practice Legal control
CLC: D922.1
Type: Master's thesis
Year: 2004
Downloads: 516
Quote: 1
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Abstract

The article consists of four large portion. They are: First, the reason for the existence of administrative guidance and meaning. Second, the nature of administrative guidance. Third, the Chinese practice of administrative guidance and problems. Fourth, the legal control of administrative guidance. The first part is the reason for the existence and significance of administrative guidance. The main answer is the reason for the existence of administrative guidance, the significance of administrative guidance to implement in real-world conditions. The article first briefly introduces the development of administrative guidance, by contrast with the U.S. economy to Japan before and after the administrative guidance, reveals the administrative guidance an important role in promoting the development of the market economy, and reveals the theory research workers on administrative guidance inevitability, clear administrative guidance in the important position of Administrative Law. China as a country in transition to a market economy, and to strengthen the administrative guidance of great significance to economic development, improve administrative management, and promote the transformation of government functions. The second part of the nature of administrative guidance. Administrative guidance is what the nature of the behavior, what theorists argue, what is my own view is. The current administrative law theory, and contrast the different points of view, refuting the views of others, I own views argument: First, administrative guidance is a fact that the behavior. Secondly, administrative guidance is not mandatory fact that behavior. Finally, administrative guidance is the fact that a non-mandatory power behavior. Administrative guidance control problems. The third part is the Chinese practice of administrative guidance and problems. This section is mainly about three issues. First, the Chinese practice of administrative guidance. Mainly in China since the Third Plenary Session of the CPC, the provisions of the administrative guidance. The second is the problem of the Chinese administrative guidance. Speaking from the perspective of program specification five issues: first, the exchange of information \Second, of administrative guidance alienation for many executive order situation. Third, the lack of procedures to protect the third person. Fourth, the discretionary space is too broad, the hollowing out of easy to make the rule of administrative law. Fifth, lt; WP = 53 gt; insufficient transparency of administrative guidance, the phenomenon of \From responsibility for relief perspective, investigated for the illegal guiding the responsibility to seek relief means scarce. The third reason is the presence of the above-mentioned problems. Mainly attributed to two aspects: the first is not fully rational knowledge of administrative guidance. Negate the lack of administrative guidance and administrative guidance theory exists. Overall, the study of administrative guidance is still relatively weak. Second is the administrative guidance of the rule of law. Summed up the problem of the statute, the operational level, the main qualification. Therefore, it is necessary to take practical and effective, comprehensive supporting measures, efforts to achieve standardization of administrative guidance, institutionalize the rule of law, pointed out the need to control the administrative guidance. The fourth part of the legal control of administrative guidance. This section is divided into five areas. First, to establish the principle of administrative guidance. 5, the principle of legality, the rule of reason, the principle of purposiveness, the democratic principle of voluntariness, the principle of equality in public, a description of these five principles. Second, the substantive law of the administrative guidance control. First clear of administrative guidance by the Organic Law of norms. Guidance in accordance with the \basic legal principles (consensus) formed by the spirit of the law, principles and legal phenomenon, under special conditions, including those not yet risen to the legal norms of national policy. Administrative guidance should adhere to the principle of \Proposed special chapter in the development of China's administrative procedures Codex column acts make provisions for administrative guidance. On the other hand, the timely development of administrative guidance Act. The administrative guidance program control. From the abstract administrative guidance and specific administrative guidance of the two aspects are discussed. For the abstract administrative guidance, from drafting a circular council to consider, modify the draft and discussed by announcement links its regulation. For specific administrative guidance from the scope, manner, inform, ensure that the relative voluntary regulation. Meanwhile, internal administrative guidance of the two-point instructions. Fourth, the legal remedies of administrative guidance. Abstract administrative guidance should normally be resolved by way of the relief of powers, that initiative by the authority or to accept the relatively complaints trial lt; WP = 54 gt; checking supervision, illegal or contrary to the guidance of the party and state policy revoked or change. Specific administrative guidance of the scope of responsibility of the relief distribution, introduced the three parts of the relief means. Relief range was divided according to the guidelines if there are administrative guidance is illegal and in violation of the policy, improper counterparties whether knowingly accept administrative guidance. Relief responsibility assigned to the existence of defects were first assigned. Pointed out that the executive authorities flawless administrative guidance is not responsible for no-fault. Will subsequently defective administrative guidance of the \Not legally include three conditions: that the subject is not legal, illegal content, illegal procedures. Due to illegal administrative guidance relative who suffered damage, you can file an administrative lawsuit. Unreasonable administrative guidance to make reference to the relative level of awareness, and to determine the allocation of responsibilities. Ombudsman system in the way of relief, the administrative system of affliction, the system of administrative reconsideration, administrative litigation system, administrative compensation system, administrative compensation system. Fifth, strengthen the construction of a system of administrative guidance. Sound administrative plan system, establish sound official information release (prompt) system, establish and improve the administrative guidance behavior system of open, to establish administrative advised (warned, persuasion) system, establish a sound administrative Award (to encourage, reward) system recommendations.

On the Characteristics and Legal Control of Administrative Guidance

Abstract

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