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Research on the practical dilemma and legislative path of administrative guidance

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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 Yueniu

ABSTRACT

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 relief

CITE 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.

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