A Probe into the Administrative Guidance from the Perspective of Administrative Capacity: A Huai,an Story
Journal Title: Biomedical Journal of Scientific & Technical Research (BJSTR) - Year 2018, Vol 10, Issue 2
Abstract
Huai'an is a municipality under the jurisdiction of Jiangsu province. Geographically, Huai'an covers an area of 10,072 km2 with a population of 5.4 million (till 2013) and consists of four districts (i.e., Qingjiangpu, Hongze, Huaiyin and Huai'an), and three counties (i.e., Lianshui, Jinghu and Xuyi). To implement the Outline for Law-based Administration in an all-around Way promulgated by the State Council into practice, the Administration for Industry and Commerce of Huai'an City has been conducting the administrative guidance within the whole city since 2010.In practice, the guiding idea for carrying out administrative guidance in Huai'an is to: a) Actively explore new paths, new contents, new ways and new methods for the purpose of optimizing services and enhancing the quality of public service. b) Focus on the expectations of enterprises, the competency of the authority, the demands of the corporations and the compliance with the laws to push forward the transition of the industrial and commercial administration from administration- guided to law-guided, and from management-oriented to service-oriented operation [1]. By doing so, the local government had attempted to comprehensively upgrade the industrial and commercial administration level of the city. Consequently, the promotion of the administrative guidance in the Administration for Industry and Commerce made contributions to rectify and standardize the orders of the market economy, and therefore accelerated the social and economic development. All the measures of the administration guidance concern the re-positioning of the government’s functions. On the one hand, these measures have not only weakened the direct leadership and management of the local government, but also strengthened the standardization of the administrative mechanisms; on the other hand, in terms of the practical methods taken, the administrative guidance and administrative contracts have been serving as non-coercive methods. In the 1960s, 'Administrative Guidance" emerged in Japan, and was widely adopted in the economic and administrative management processes of many countries through the continuous development and the progress of democratization and legalization [2]. As for the connotation of administrative guidance after its localization in China, there are mainly the following explanations in the existing literature: Luo [3] pointed out that administrative guidance means that the subject of administration takes non- coercive measures in a timely and flexible manner to effectively achieve certain administrative purposes without directly producing legal effects. Luo [3] also pointed out the conditions of implementing administrative guidance: it should abide by the legal principles and policies of the state and obtain the consent or assistance of the counterparty to satisfy the complex and ever- changing needs of economic and social lives. Mo [4] reckoned that administrative guidance refers to the actions such as the guidance, persuasion or advice and so forth that the administrative organ makes but without coercion and legal effects, and it is implemented by the administrative organ for certain administrative purposes. The author believes that if the definition of the "subject of administration" is confined to administrative organs merely, it is somewhat narrowly explained. In short, administrative guidance is the non-coercive actions that an administrative organ shall carry out within the scope of its duties in order to guide the parties to act or not act for achieving certain administrative purposes. It has many characteristics including non-coercion, broad generalization, equal coordination, etc. Overall, administrative guidance shapes the soft management system together with other non-coercive behaviors such as administrative contract, administrative reward and administrative subsidy, all of which play active roles in the economic and social management.
Authors and Affiliations
Yue Zhang
Keywords
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- EP ID EP586997
- DOI 10.26717/BJSTR.2018.10.001923
- Views 151
- Downloads 0
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