Preliminary Study on the Damage Compensation Issues of Administrative Guidance Practice in China

Abstract

The practice of administrative guidance can be traced back to the post-world war second era in Japan. It has got great development in 1960s and made a great contribution to the recovery of Japan’s economy. Soon afterwards, the United States, UK and other western countries have also put it into extensive application, which benefited those countries a lot. China has a long history implementation of administrative guidance, but because administrative power takes the dominant position in social management, administrative guidance still do not achieve enough legalization. While administrative guidance has achieved several notable successes in China, the incidental damages it exerted on interest relevant counterparts also cannot be ignored. For the sake of interest relevant counterparts, a thorough study should be leaded in order to study the issues of compensation caused by administrative guidance and build a perfect compensation system of administrative guidance eventually.