Research on the practical dilemma and legislative path of administrative guidance
DOI: 10.23977/law.2024.030807 | Downloads: 10 | Views: 291
Author(s)
Liu Zhaoyu 1, Long Yueniu 1, Huang Jiaying 1, Song Mengyuan 1, Wu Ziyi 1, Liu Yihui 1
Affiliation(s)
1 School of Management, Wuhan Polytechnic University, Wuhan, Hubei, 430048, China
Corresponding Author
Long YueniuABSTRACT
Under the background of rapid economic and social development, administrative guidance is increasingly frequently used in the adjustment of market economy activities. However, the administrative guidance with subject specificity, non-mandatory, flexibility and unilateralism has exposed the dilemma of nature alienation, procedure confusion, low efficiency, blind decision-making, lack of supervision, vague responsibility and weak relief in practice. Therefore, we should choose the legislative mode of unified legislation, formulate administrative regulations first, then formulate laws, give full play to the functions of both regulatory law and guarantee law, and determine the specific legislative content from the aspects of administrative guidance subject, scope of application, procedure and form, right relief and so on.
KEYWORDS
Administrative guidance; rule of law administration; right reliefCITE THIS PAPER
Liu Zhaoyu, Long Yueniu, Huang Jiaying, Song Mengyuan, Wu Ziyi, Liu Yihui. Research on the practical dilemma and legislative path of administrative guidance. Science of Law Journal (2024) Vol. 3: 47-53. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030807.
REFERENCES
[1] Shi Da. Antitrust and Administrative Guidance. Jurist, No.7, 1974.
[2] Luo Chuanxian. Basic Theory of Administrative Procedure Law. Wunan Book Publishing Company, 1993.
[3] Yang Haikun, Huang Xuexian. New Research on Comparative Study of Administrative Guidance, Chinese Law, No.3, 1999.
[4] The text of the Chinese Judgment Document Network. Zhang Yuexian Administrative Litigation First Instance Administrative Ruling [EB/OL]. (2018-07-30) https://m.tianyancha.com/susong/a7111e06a9dc11e8a8b47cd30ae00894.
[5] Viewpoint news is based on pole news. Professional anti-counterfeiting people have 'sued' the market supervision bureau, who gives the bottom? [EB/OL]. (2023-07-27) https://view.inews.qq.com/k/20230727A03TZ900? No-redirect =1&web_channel=wap&openApp=false.
[6] Cao Dieyun. It is necessary to unify legislation and local legislation [J]. Special Zone Theory and Practice, 1994(04): 53-55.
[7] Zou Jinglin, Zhang Hong. Research on the legal issues of administrative guidance facing market entities [J]. Liaoning Economy, 2022(07): 79-85.
[8] Zhao Huacheng. Research on the legal issues of regulatory administrative guidance [D].Tianjin Normal University, 2022.
Downloads: | 11221 |
---|---|
Visits: | 303688 |
Sponsors, Associates, and Links
-
Journal of Language Testing & Assessment
-
Information and Knowledge Management
-
Military and Armament Science
-
Media and Communication Research
-
Journal of Human Movement Science
-
Art and Performance Letters
-
Lecture Notes on History
-
Lecture Notes on Language and Literature
-
Philosophy Journal
-
Journal of Political Science Research
-
Journal of Sociology and Ethnology
-
Advances in Broadcasting