Structural Functional Perspective and Practical Administrative Guidance Defects

[Abstract] This paper, the author is always from the perspective of structural functionalism, the first analysis of administrative guidance by the background system - the evolution of the administrative system of administrative guidance come to the new administrative measures should have the function; followed by the internal structure of administrative guidance analysis of the definition of administrative guidance is derived; Moreover, through the analysis of the internal structure of administrative guidance points out the defects in practice and the reason.

[Keywords:] structural functionalism of administrative guidance

First, the background system of administrative guidance
Author based on structural functionalism, a simple structure out of which there are three levels at the highest level of social systems, administrative systems and economic, legal, and cultural system is a subsystem of the social system, and administrative guidance, administrative enforcement, etc. are as administrative systems in the third-order subsystems.

This administrative guidance to study, analyze it on the first-order system that is its background environment - the administrative system by its impact with the order system generated change.

First of all, from the feudal period of natural economy to laissez-faire economy and then to a market economy during the period, experienced an economic system there is no market to the market position of absolute control of the market and then to frequent failures, market innovation process. Corresponding administrative system is also gone from a dictatorship and then to control the inaction intervention services in the economic system, promote economic development of the "service administration" changes.

Second, the legal system has experienced a positive law from no law to recognize the natural law and then, on the "law" for the rule of law to explain the evolution of increase, in the process, the function of law by the "expected behavior" to "the interests of balance." And The administrative system is also compatible gone from a rule of man to "according to law", "No law no administrative" to "administrative law", according to real sense of the "law" (including the principle of law, principles, habits, etc. ) administration to supplement gaps in the law is to balance the interests of all evolution.

Once again, to regain the world also makes a harmonious culture began to take the initiative to coordinate the government balance the interests of all parties, but also mobilize people to actively participate in the Chief Executive relative, resulting in a "negative administrative" to "active administration" of evolution.

So, I come to a conclusion first, the administrative system as a subsystem of the social system, by economic, legal, and cultural evolution of the other subsystems of the same order, is now moving towards a "service administration", "rule of law and administration", "active administrative "direction, and it's such a development is counterproductive in a market economy, rule of law, harmonious culture, and ultimately work together to promote social evolution.

So, how to achieve "service administration", "rule of law and administration", "active executive," the goal? The traditional administrative measures alone, such as executive orders, administrative enforcement, of course can not, must rely on the cooperation of new administrative tools or even replace and administrative guidance to bear the brunt. and according to the analysis above, nor a rare another conclusion about the function of administrative guidance: administrative guidance should be flexible and effective services in the market economy, to make up for deficiencies lag administration according to law, democracy and coordination of the soft balance of interests.

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20 years of last century, German scholar Yelv Nei Keti distributing printed out of the executive "guidance" document is not the behavior is the direct legal effect of the "simple high-power executive." After World War II, the executive act of giving non-binding recommendations to be called "directive administration." However, "administrative directive" mostly be classified as "administrative services", it has not been given adequate attention and separately as an administrative act, it has not been defined in detail until U.S. occupation of Japan after its defeat. was stationed in Japan, but the lack of government departments, the U.S. military often authorized by law "guidance" in the form of management in Japan, this non-coercive way to change the administration of the "double market failure of the government," the situation in Japan with great success. to 60 years, the Japanese legal officials first proposed three-Lin Xiu "administrative guidance" in reference to and definition, since then, various countries and scholars have taken the trouble on the definition of administrative guidance.

I also desire their own way from the perspective of structural functionalism to define the administrative guidance. According to structural functionalism, if we as a system of administrative guidance, which can differentiate into the main house, basis, method, procedure, results and other organizations, Analysis of each of these organizations will help us together, they constitute a system - that is determined by the concept of administrative guidance.

(1) the purpose from the behavior point of view, administrative guidance services in a specific administrative purposes, with no specific purpose is not for administrative guidance. (2) from the actors point of view, the main body of administrative guidance are administrative body; rights matters in their jurisdiction range. (3) from the behavior based on point of view, laws to abide by the guidance law, no laws should be the principle of law, principles, spirit-based. (4) from the behavior point of view, the implementation of means of administrative guidance not mandatory, it is through the suggestions, advice, consultation, criticism, encouragement, and so the guidance of a variety of soft and flexible approach to the understanding of the counterpart with the choice made. (5) point of view from the behavior of programs, administrative guidance must follow statutory procedures. ( 6) The results from the behavior point of view, the making of administrative guidance produced only by the fact that the unilateral effect, but, if after the making of administrative guidance by the relative choice to accept the fact that results are translated into legal effect.

At this point, the author summarized the definition of administrative guidance: is the administrative body administrative guidance in matters within their jurisdiction to achieve a specific administrative purposes, based on unilateral initiatives or legal principle of law, principles and spirit of the proposal in accordance with legal procedures, advice , consultation, criticism, encouragement, and so the guidance is not mandatory approach to the understanding of the relative who made the choice with the Administrative Behavior.

Third, the administrative guidance of the real defect
The advantages of administrative guidance are various levels are to be natural, but in fact, as a nascent, imperfect system, it is the practice of States reflected by the defects of its merits better than less, then, the author or from the perspective of structural functionalism from the behavior of purpose, the main authority for the basis of applicable procedures, the responsibility to analyze the practice of administrative guidance of the problems.

First of all, for purposes of conduct, the Chief of the main achievements so often to maintain the arms of an ulterior motive, at the relative benefits against the often unjust and undemocratic to have been alienated virtually the implementation of "guidance."
Secondly, the main authority concerned, because the administrative body administrative guidance given with great discretion, without permission vulnerable to corruption control.

Again, based on the application for lack of administrative guidance of both the necessary physical laws, but also the lack of general legal principles, principles, and spiritual awareness. Makes the subject matter or the Chief Executive relative to the administrative guidance of people do not understand, do not understand or do not want to mess with the wrong use, which deviated from the rule of law and administration.

Fourth, to the applicable procedures for the guidance of the Chief did not make any procedural norms, resulting in confusion in the procedures of administrative guidance, opaque, bad faith, which led directly to the Chief Executive relative to the guide system, the administrative body does not trust.

Finally, responsibility for administration of the illusion that a non-mandatory guidance to Yin, the fact that sexual behavior can not make provision for its liability. This makes the exercise of the right of the administrative body administrative guidance should be exercised in guiding and negative omissions or guidance to make mistakes or even alienation "guidance" and to the interests of the executive relative to damage caused no responsibility, and active administration, service administration is contrary to the responsibilities and powers and responsibilities of a unified administrative contrary. more and more to stimulate the administrative body abuse contrary to the rule of law and public conduct prejudicial to the interests of relative "guidance", leading to relative exclusion of administrative guidance system, and even the administrative body has also led to the collapse of the government image.

Can be seen, the current system of administrative guidance is not optimistic the situation in our country, we must as soon as possible from the inside and outside its provisions for creating conditions to make it viable and credible.


References:
[1] Yelv Neck for the first time into public administration and the Treasury Chief Executive.

[2] [at] Lin Xiu III. The so-called administrative guidance. Administrative and economic, 37 years of Edition No. 8.

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