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行政指导作为一种灵活的管理模式,弥补了法律的空白和僵化。但由于理论研究和立法的滞后,现实中行政指导实施没有程序规范,法律责任和法律救济途径缺失。如何把行政指导纳入法治的轨道成为一个非常复杂而重要的问题。本文在借鉴前人研究的基础上,从司法审查的角度切入,论述了为保障相对人的合法权益,对行政指导进行司法审查的三个实质原因,本文认为对行政指导进行司法审查既具有理论的必要性,也具有现实的可行性。
As a flexible management mode, administrative guidance has made up for the blank and rigidity of the law. However, due to the lag of theoretical research and legislation, the actual implementation of administrative guidance has no procedural norms, and the legal liability and legal remedies are missing. How to incorporate the administrative guidance into the track of the rule of law has become a very complicated and important issue. Based on the research of predecessors, this paper analyzes the three substantive reasons for judicial review of administrative guidance in order to protect the legitimate rights and interests of relative people from the perspective of judicial review. This article holds that the judicial review of administrative guidance has both theory The necessity, but also realistic feasibility.