试论行政指导效用、弊病及其救济

On the Utility,Disadvantages and Redress of Administrative Guidance

行政指导作为实践中广泛采用的一种行政方式,促进了现代各国包括行政和经济在内的整个社会的全面进步。行政指导有着诸多效用,它内含成本效益原则并体现了民主法治精神。因其"双刃性"具有弊病且由此影响了其救济的构建,行政指导的规范化运用,将有利于现代服务政府形象的塑造。

Administrative guidance as a method of administrative action that has been used widely in the practice has provided a stimulus to the development of the whole society involving the economy and administration. Administrative guidance has various utilities, which embody the cost efficiency principle, and contain an inner spirit of democracy and law. As a double edged sword, it also has some disadvantages, which give an influence on its redress way. Administrative guidance, will be beneficial to the shape of the service government if exerted properly.