The Predicament and Reform of the Judicial Review of Administrative Guidance in China

摘要：

As a new and flexible means of administrative management, administrative guidance has been widely used in the administrative field. The judicial review of administrative guidance is not only the inevitable requirement of no abuse of power, but also the needs of the trust protection doctrine and the principle of rights relief. In the current legislation in China, Suability of administrative guidance is still controversial, the substantive standards and procedural rules of judicial review of administrative guidance is lacked as well. Therefore, we should start from the measures like expanding the scope of administrative litigation, enriching the substantive legislative of administrative guidance and reforming the administrative litigation procedure to improve the design of the system of judicial review of administrative guidance.

关键词： Administrative guidance Nature Necessity Judicial review

作者: WU Wei-jun TANG Xiang-yan

作者单位: School of Political Science and Public Administration, University of Electronic Science and Technology of China, Chengdu, P.R. China, 611731

会议类型: 国际会议

会议名称: 2012 International Conference on Public Administration(8th)(2012年公共管理国际会议 ICPA)

会议地点: 印度海德拉巴

会议语种:英文

页码: 332-337

在线出版日期: 2012-10-25（万方平台首次上网日期，不代表论文的发表时间）