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行政指导是行政机关为实现所希望的行政状态,谋求相对人的响应,而依法采取的行为。而普遍的观点认为行政指导行为不属于行政诉讼受案范围,本文认为,法治行政要求行政法律的一切纠纷最终应服从司法机关的控制,应改变行政指导的传统界定,应将其纳入司法审查。
Administrative guidance is the act that an administrative organ takes in accordance with the law in order to achieve the desired administrative status and seek the response from the counterpart. However, the common view is that the administrative guidance does not belong to the scope of the administrative litigation. This article argues that all the disputes requiring the administrative law should eventually be subject to the control of the judiciary. The traditional definition of administrative guidance should be changed and should be included in the judicial review.