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.