Title: On Subsuming Administrative Guidance in Scope of Administrative Litigation in China Taking Judicial Review of Administrative Guidance in Japan as Enlightenmentand Reference
Abstract: Unlike traditional administrative acts, administrative guidance is neither based on the law nor compulsory. Therefore, it is usually thought difficult and needless for administrative guidance to be judicially reviewed. However, Japan abandons the strict restriction of administrative scope and subsumes administrative guidance in to co-ordinate the interaction among the flexibility of administration, the protection of civil rights and judicial review. For the sake of drawing lessons from theoretical and practical development of Japan and reviewing the own administrative guidance theory in China, the behaviour nature of administrative guidance should be made definite and the understanding of procedure legislation be deepen and strengthen. All in all, it is possible to subsume administrative guidance in scope of administrative litigation in China.
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: article
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