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行政指导作为一种能够灵活应对复杂社会现象的管理方式,在政府执法理念转变的过程中得到了日益广泛的运用。针对行政指导行为,部分国家和地区在法律上作出的明确规定对我国的制度完善具有一定的参考价值。立足我国实际,行政指导行为显现出诸多负面问题,尤其是程序设计及救济机制的缺位使行政指导实践饱受困扰。因此在分析问题与借鉴经验的基础上,进行可行的制度构想,尽快完成行政指导行为规范化路径的整合,具有至关重要的意义。
As a management method that can flexibly deal with complex social phenomena, administrative guidance has been widely used in the process of changing the concept of government law enforcement. For the administrative guidance behavior, some countries and regions in the law made clear the provisions of the system of our country has some reference value. Based on the reality of our country, the administrative guidance shows many negative problems, especially the lack of programming and relief mechanism, which has plagued the administrative guidance practice. Therefore, based on the analysis of problems and reference experiences, it is of crucial significance to carry out a feasible system concept and complete the integration of the administrative guidance and behavior standardization as soon as possible.