1. Legal principles.
2. Gain stop loss principle.
3. The principle of voluntariness.
4. Rationality principle.
5. The principles of fairness, justice and openness.
I. Administrative guidance
Administrative guidance refers to an administrative act in which an administrative organ (including an organization authorized by laws and regulations) urges the administrative counterpart to do or not do something according to law within the scope of its statutory duties through non-mandatory means such as guidance, demonstration, prompt, guidance, suggestion, persuasion, interview and return visit, so as to achieve administrative purposes.
Second, the types of administrative guidance
1. Administrative guidance for molding. Administrative organs help administrative counterparts to promote and protect their legitimate rights and interests from administrative policies, business, professional technology and information.
2. Supervision and administrative guidance. The administrative organ shall prevent, restrain and guard against the acts of the administrative counterpart that disturb the administrative order and endanger the public interest, guide them to correct the illegal acts, reduce the harmful consequences, prevent the recurrence of illegal acts and safeguard the public interest.
3. Cooperative administrative guidance. The administrative organ guides the administrative counterpart to consciously abide by laws, regulations and rules, advocates and encourages the administrative counterpart to actively participate in administrative management, improves administrative efficiency, and realizes the interaction, cooperation and harmony between the government and the people.
Third, the basic principles of administrative guidance
1. Legal principles. The implementation of administrative guidance by administrative organs shall conform to the relevant provisions of the legal spirit, legal principles, legal norms and national policies, be implemented within the scope of statutory duties, and meet the requirements of administrative law enforcement subjects and procedures, and shall not replace administrative acts that should be made according to law with the implementation of administrative guidance.
2. Gain stop loss principle. The implementation of administrative guidance by administrative organs should be conducive to promoting economic and social development, realizing the fundamental interests of the people, safeguarding the legitimate rights and interests of the administrative counterpart, and preventing social interests, others and their legitimate rights and interests from suffering losses due to the violation of the law by the administrative counterpart. Trust protection should be given to the behavior of the administrative counterpart who obeys the administrative guidance.
3. The principle of voluntariness. When implementing administrative guidance, administrative organs should pay attention to the interaction and communication with administrative counterparts, strive for their understanding, support and cooperation, and improve the effectiveness of administrative guidance. The administrative counterpart has the right to decide whether to listen to and cooperate with administrative guidance, and the administrative organ shall not take or take coercive measures or other administrative measures that are not conducive to the administrative counterpart to force it to accept administrative guidance.
4. Rationality principle. Administrative organs should actively perform their duties according to law, give priority to the implementation of administrative management by non-coercive means such as administrative guidance, try to adopt reasonable and simple administrative guidance, realize simple implementation procedures, reduce administrative costs and improve administrative efficiency.
5. The principles of fairness, justice and openness. The administrative organ shall implement the administrative guidance fairly, treat the administrative counterpart equally, and implement the same or similar administrative guidance under basically the same conditions; The implementation of administrative guidance must conform to the administrative purpose and shall not harm the public interests or the legitimate rights and interests of other administrative counterparts. Except those involving state secrets, commercial secrets and personal privacy, administrative guidance information shall be made public.
Four, the basic way of administrative guidance
1. Guide. Administrative organs formulate and issue policies, plans and plans to guide and encourage, release information and provide high-quality information services, which are widely used in economic development, market supervision, public services, social management, environmental protection and other fields. Guide the public to enhance their awareness of risk prevention and safeguard their legitimate rights and interests.
2. Show me. By depicting a bright future, setting an example of behavior and recommending exhibitions, the administrative organ urges the administrative counterpart to voluntarily act in a direction that conforms to the requirements of laws and regulations, social welfare, administrative purposes and their overall interests.
3. Tips. The administrative organ kindly informs and reminds the administrative counterpart of the problems and matters that should be known but easy to ignore and make mistakes, so as to urge them to pay attention and be vigilant, properly solve the problems and avoid unnecessary mistakes and losses.
4. Consultation. Administrative organs give specific guidance, explanation and help to administrative counterparts in administrative business, administrative information and legal policies.
5. Suggestions. According to the needs of administrative management and administrative law enforcement, administrative organs put forward suggestions and opinions to administrative counterparts for their reference.
6. Suggestions. When the administrative counterpart may commit an illegal act, the illegal act may cause harmful consequences, or the illegal act may escalate, the administrative organ will enlighten, persuade and persuade the administrative counterpart to accept the opinions of the administrative organ, correct the illegal act, correct the mistakes, and prevent the illegal act from expanding or making similar mistakes again.
7. Interview. Administrative organs collectively or individually meet with the administrative counterpart, communicate and exchange opinions, understand the relevant situation, point out the problems found or illegal facts, publicize laws, regulations, rules and relevant provisions, put forward rectification requirements, and urge the administrative counterpart to actively cooperate and consciously fulfill its obligations.
8. pay a return visit. The administrative organ shall pay a return visit to the administrative counterpart of major and complex administrative cases that have a wide social impact or need to pay a return visit, supervise and guide the rectification measures, consolidate the effect of law enforcement, understand whether there are violations of law and discipline by law enforcement personnel in the process of administrative law enforcement, and solicit opinions and suggestions.
9. On the premise of complying with the basic principles of implementing administrative guidance, administrative organs can actively explore more administrative guidance methods, or combine various administrative guidance methods for comprehensive guidance.
Verb (abbreviation of verb) starts administrative guidance.
1. The administrative organ may implement administrative guidance according to the application of the administrative counterpart.
2. Administrative guidance can be implemented ex officio.
3 according to the instructions and suggestions of the relevant units, administrative guidance can be implemented.
The form of administrative guidance of intransitive verbs
1. Administrative guidance can be written, oral or other simple forms, such as telephone, SMS, WeChat and simple administrative instructions.
2. Where administrative guidance is implemented in written form, administrative guidance documents shall be made; The administrative guidance document shall specify the object, purpose, time, content and implementer of the administrative guidance, and shall be delivered to the administrative counterpart according to law.
3 take a simple form, you can briefly record or regularly count the basic situation of the implementation of administrative guidance.
4. If the administrative counterpart requests to provide written guidance, the administrative organ shall provide it.
Seven, the scope of application of simple administrative guidance
1. In the process of handling administrative licensing, administrative confirmation, administrative expropriation and other matters, answer the questions and consultations of the administrative counterpart and guide the administrative counterpart to handle related affairs quickly.
2 through the official Weibo, WeChat and other media platforms to release administrative information, measures to facilitate the people, online exchange of answers.
3 the implementation of administrative management or administrative law enforcement inspection, inspection and other processes, in view of the illegal tendency of the administrative counterpart to advise and remind.
4. Distribute administrative materials and publicity cards on site, and urge the administrative counterpart to engage in relevant activities legally and normatively.
5. Other administrative guidance matters are simple, with little impact and strong timeliness.
Eight, administrative guidance into administrative law enforcement.
1. The administrative organ shall, according to its responsibilities and work characteristics, introduce simple administrative guidance into the business process to facilitate the administrative counterpart to handle related affairs.
2. The administrative organ shall implement the legal risk prevention and control system of the administrative counterpart, and help the administrative counterpart to prevent and resolve illegal risks through administrative guidance.
3. The administrative organ shall incorporate the implementation of administrative guidance into the system of administrative punishment, and urge the administrative counterpart to perform legal obligations through administrative guidance, so as to consolidate the effect of law enforcement and improve the degree of law-abiding.
Nine. Main administrative guidance
Major administrative guidance refers to abstract administrative guidance implemented by administrative organs to unspecified administrative counterparts or specific administrative guidance that has a significant impact on specific administrative counterparts.
Ten, administrative guidance into administrative punishment.
Incorporating administrative guidance into giving administrative punishment a lighter or mitigated punishment according to law means that administrative law enforcement organs, in their daily supervision and administrative law enforcement, urge the parties to do or not do something voluntarily through administrative guidance, and give administrative punishment a lighter or mitigated punishment according to law to those who meet legal circumstances, educate and urge the parties to fulfill their legal obligations, consolidate the effect of law enforcement and improve the degree of law-abiding.
The administrative law enforcement organ shall run administrative guidance through the whole process of lightening, mitigating or not giving administrative punishment according to law.
Legal basis:
Article 5 of the Outline for the Implementation of Comprehensively Promoting Administration according to Law. Basic requirements of administration according to law.
-Legal management. The administrative organ shall implement administrative management in accordance with the provisions of laws, regulations and rules; Without the provisions of laws, regulations and rules, administrative organs shall not make decisions that affect the legitimate rights and interests of citizens, legal persons and other organizations or increase their obligations.
-reasonable administration. Administrative organs should follow the principles of fairness and justice in implementing administrative management. Treat administrative counterparts equally, without favoritism or discrimination. The exercise of discretion should conform to the legal purpose and exclude the interference of irrelevant factors; The measures and means adopted should be necessary and appropriate; Where an administrative organ can achieve its administrative purpose in various ways when implementing administrative management, it should avoid ways that harm the rights and interests of the parties.
-Due process. The administrative organ shall make the administration public and pay attention to the opinions of citizens, legal persons and other organizations, except those involving state secrets, business secrets and personal privacy protected by law; It is necessary to strictly follow legal procedures and protect the right to know, participate and remedy of administrative counterparts and interested parties according to law. When performing their duties, the staff of an administrative organ shall withdraw if they have an interest in the administrative counterpart.
-Efficient and convenient. In implementing administrative management, administrative organs shall abide by the statutory time limit, actively perform their statutory duties, improve work efficiency, provide quality services and facilitate citizens, legal persons and other organizations.
-Honest and trustworthy. The information released by the administrative organ shall be comprehensive, accurate and true. An administrative organ may not revoke or change an administrative decision that has taken effect unless due to legal reasons and through legal procedures; If an administrative decision needs to be revoked or changed due to national interests, public interests or other legal reasons, it shall be carried out in accordance with the statutory authority and procedures, and the property losses suffered by the administrative counterpart shall be compensated according to law.
-unification of powers and responsibilities. The administrative organ shall perform the duties of managing economic, social and cultural affairs according to law, and be endowed with corresponding law enforcement measures by laws and regulations. When an administrative organ illegally or improperly exercises its functions and powers, it shall bear legal responsibilities according to law and realize the unity of power and responsibility. Law enforcement is guaranteed, the right must be responsible, the right to use is supervised, the law will be prosecuted, and the infringement will be compensated.
Four. Transforming government functions and deepening the reform of administrative management system