Which principle is the general guiding principle of the executive branch?

The principle of general guidance of the executive organs.

1.The principle of legitimacy. The principle of legitimacy refers to the fact that the administrative guidance act must ensure the acceptability of the administrative counterpart to the administrative guidance to the greatest extent.

2.Voluntariness. The principle of voluntariness refers to the fact that administrative guidance should be recognized and voluntarily accepted by the administrative counterpart.

3.Principle of necessity. The principle of necessity refers to a subjective understanding that an administrative entity may produce better objective results than the implementation of an administrative act.

In any of the following circumstances, the administrative reconsideration organ may conduct mediation in accordance with the principles of voluntariness and legality: (1) Where a citizen, legal person or other organization is dissatisfied with a specific administrative act made by the administrative reconsideration organ with the discretionary power provided for in criminal laws and regulations, and applies for administrative reconsideration; (2) Administrative compensation or administrative compensation disputes between the parties. If the parties reach an agreement through mediation, the administrative reconsideration organ shall draft an administrative reconsideration mediation document.

The mediation document shall clearly state the request for administrative reconsideration, the facts, the reasons and the results of the mediation, and shall be stamped with the seal of the administrative reconsideration organ. The administrative reconsideration mediation document shall have legal effect upon the signature of both parties. If the mediation fails to reach an agreement or one party repents before the mediation agreement takes effect, the administrative reconsideration organ shall make an administrative reconsideration decision in a timely manner.

Which person's guiding principle in the administrative organ, because motion sickness is very much, because for the general leader of our agency, you know it is also a very strict and demanding.

Meaning of the basic principles of administrative decision-making: It is a summary of the inherent laws of administrative decision-making activities summarized from the actual situation of administrative decision-making, and is the criterion of administrative decision-making behavior, which is applicable to administrative decision-making activities in modern countries.

First, the principle of information; Administrative decision-making is difficult to move forward without information, and information is the basis for decision-making.

second, the ** principle; Administrative decision-making is to plan future administrative goals and actions, and it is necessary to have a dynamic understanding of the future.

third, the principle of systematics; The use of system analysis principles and methods for decision-making activities is an objective requirement of modern administrative decision-making.

fourth, the principle of feasibility; Decision-making must be realistic and feasible for implementation.

Fifth, the principle of merit; Comparing the good is a key step in decision-making, and without comparison, it is impossible to distinguish the good from the bad.

Sixth, the principle of dynamic decision; Policies are made according to the actual situation, and they must change according to the changes in the actual situation, and there must be temporary plans and contingency plans, and adjustments should be made in a timely manner.

made by the administrative organsAdministrative actsThe basic principles of:

1) The principle of lawful administration, the principle of lawful administration is administrative law.

The principle of lawful administration in our country includes two aspects: the observance of existing laws by administrative organs and the authorization of activities in accordance with the law.

2) The principle of reasonable administration mainly means that administrative acts should have a rational basis and prohibit administrative entities.

arbitrariness and arbitrariness.

3) The principle of due process.

4) The principle of efficiency and convenience for the people.

5) The principle of honesty and trustworthiness.

6) The principle of unity of power and responsibility.

The six basic principles of administrative law are described in the 2004 document No. 10 "Comprehensively Promoting Administration According to Law."

The "Outline for Implementation" was put forward from the perspective of the six basic requirements of administration according to law, and later scholars believed that these six requirements were precisely the guiding ideology and basic principles that ran through the entire phenomenon of administrative law. It concludes with the above six basic principles.

Legal Analysis: The principle of rational administration is the normative administrative rationality manifested in the following three principles:

First, the principle of fairness and justice. It is necessary to treat administrative counterparts equally, without favoritism or discrimination.

Second, the principle of considering relevant factors. In making administrative decisions and exercising administrative discretion, only various factors that are consistent with the purpose of legislative authorization can be taken into account, and irrelevant factors must not be considered.

Third, the principle of proportionality. The measures and means adopted by administrative organs shall be necessary and appropriate. Where administrative organs may employ multiple methods to achieve administrative objectives in carrying out administrative management, they shall avoid employing methods that harm the rights and interests of the parties.

Legal basis: Administrative Law of the People's Republic of China

Article 4: The establishment and implementation of administrative licensing shall be in accordance with the statutory authority, scope, conditions and procedures.

Article 5: The establishment and implementation of administrative licensing shall follow the principles of openness, fairness and justice.

The provisions on administrative licensing shall be published; If it has not been announced, it shall not be used as the basis for the implementation of administrative licensing. The implementation and results of administrative licensing, except where state secrets, commercial secrets, or personal privacy are involved, shall be disclosed.

Where the statutory conditions and standards are met, the applicant has equal rights to obtain an administrative license in accordance with the law, and the administrative organs must not discriminate.

Article 6: The implementation of administrative licensing shall follow the principle of convenience for the people, improve work efficiency, and provide quality services.

Article 7: Citizens, legal persons, or other organizations enjoy the right to make statements and defenses against administrative organs for administrative licensing; have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law; Where their lawful rights and interests are harmed by the illegal implementation of administrative licenses by administrative organs, they have the right to demand compensation in accordance with law.

Legal analysis: The basic principles of administrative law are the basic rules that guide and regulate the legislation and law enforcement of administrative law, as well as the implementation of administrative acts and the handling of administrative disputes. It is further divided into substantive basic principles and procedural basic principles.

1] Substantive principles of administrative law:1The principle of administration according to law.

2.Respect for and guarantee the principle of human rights. 3.

The principle of ultra vires invalidity. 4.Trust the protection principle.

5.The principle of proportionality. [2] Procedural principles of administrative law:

1.The principle of due process of law. 2.

The principle of administrative openness. 3.The principle of administrative impartiality.

4.The principle of administrative fairness.

Legal basis

Comprehensively promote the implementation of the outline of administration according to law Article 6 of the basic requirements of administration according to law: 1. Legitimate administration. Administrative organs shall carry out administrative management in accordance with the provisions of laws, regulations, and rules; In the absence of laws, regulations, or rules, administrative organs must not make decisions that affect the lawful rights and interests of citizens, legal persons, and other organizations, or increase the obligations of citizens, legal persons, and other organizations.

2. Reasonable administration. Administrative organs shall follow the principles of fairness and impartiality in carrying out the management of the aftermath of the attack. It is necessary to treat administrative counterparts equally, without favoritism or discrimination.

The exercise of discretion should be consistent with the purpose of the law and exclude interference from irrelevant factors; The measures and means taken shall be necessary and appropriate; Where administrative organs may employ multiple methods to achieve administrative objectives in carrying out administrative management, they shall avoid employing methods that harm the rights and interests of the parties. 3. Due process. Administrative organs carrying out administrative management shall make public the implementation of administrative management, except where they involve state secrets, commercial secrets that are protected in accordance with law, or personal privacy, and pay attention to hearing the opinions of citizens, legal persons, and other organizations; It is necessary to strictly follow the legal procedures, and protect the rights of administrative counterparts and stakeholders to know, participate, and provide relief in accordance with the law.

When staff of administrative organs perform their duties and have an interest in the administrative management counterpart, they shall recuse themselves. 4. Efficient and convenient for the people. Administrative organs carrying out administrative management shall comply with the legally-prescribed time limits, actively perform legally-prescribed duties, increase work efficiency, provide high-quality services, and facilitate citizens, legal persons, and other organizations.

5. Be honest and trustworthy. The information released by administrative organs shall be comprehensive, accurate, and truthful. Administrative organs must not revoke or modify administrative decisions that have already taken effect except for legally-prescribed reasons and through legally-prescribed procedures; Where it is necessary to withdraw or modify an administrative decision due to national interests, public interests, or other legally-prescribed reasons, it shall be carried out in accordance with legally-prescribed authority and procedures, and the property losses suffered by the administrative counterpart as a result shall be compensated in accordance with law.

6. Unity of rights and responsibilities. In the lawful performance of administrative duties in the management of economic, social, and cultural affairs, administrative organs should be given the corresponding means of law enforcement by laws and regulations. Where administrative organs violate the law or improperly exercise their powers, they shall bear legal responsibility in accordance with law, bringing about the unity of power and responsibility.

In accordance with the law, law enforcement is guaranteed, power must be responsible, the use of power is supervised, violations are investigated, and infringement must be compensated.

1.The principle of legality. The implementation of administrative guidance by administrative organs shall comply with the relevant provisions of the law, legal principles, legal norms, and national policies, and shall be carried out within the scope of statutory duties, and shall comply with the requirements of administrative law enforcement entities, law enforcement procedures, and so forth, and shall not replace administrative acts that shall be made in accordance with law with the implementation of administrative guidance.

2.Gain stop loss principle. The implementation of administrative guidance by administrative organs shall be conducive to promoting economic and social development, to the realization of the fundamental interests of the people, to the preservation of the lawful rights and interests of the administrative counterpart, and to preventing losses to the public interest, others, and oneself as a result of the administrative counterpart's violation of the law.

The administrative counterpart's conduct in obedience to administrative guidance shall be given trust protection.

3.Voluntary. Administrative organs carrying out administrative guidance shall pay attention to interaction and communication with their administrative counterparts, striving for their understanding, support, and cooperation, and increasing the effectiveness of administrative guidance.

Administrative counterparts have the right to decide on their own whether to obey or cooperate with administrative guidance, and administrative organs must not employ or covertly employ coercive measures or other administrative means that are unfavorable to administrative counterparts to compel them to accept administrative guidance. ·

4.The principle of reasonableness. Administrative organs shall actively perform their duties in accordance with law, giving priority to the use of administrative guidance and other non-compulsory methods to implement administrative management, and the implementation of administrative guidance should be as reasonable, simple, and convenient as possible, so that the implementation procedures are simple, administrative costs are reduced, and administrative efficiency is increased.

5.The principle of fairness, justice and openness. Administrative organs shall be fair and just in carrying out administrative guidance, and treat administrative counterparts equally, and where the conditions are basically the same, the same or similar administrative guidance shall be implemented; The implementation of administrative guidance must conform to the administrative purpose and must not harm the public interest or the lawful rights and interests of other administrative counterparts.

Except where state secrets, commercial secrets, or personal privacy are involved, administrative guidance information shall be disclosed.

Types of Executive Guidance:

1.Assist in the formation of administrative guidance. Administrative organs assist administrative counterparts in promoting and protecting their lawful rights and interests in areas such as administrative management policies, operations, professional skills, and information.

2.Regulatory administrative guidance. Administrative organs prevent, suppress, and prevent the conduct of administrative counterparts that obstruct the order of administrative management and endanger the public interest, and guide them to correct illegal acts, mitigate harmful consequences, prevent the recurrence of illegal acts, and safeguard the public interest of the Society.

3.Collaborative administrative guidance. Administrative organs guide administrative counterparts to consciously abide by laws, regulations, and rules, advocate and encourage administrative counterparts to actively participate in administrative management, improve the efficiency of administrative management, and achieve interaction, cooperation, and harmony between the government and the people.

Legal basis

Regulations on Optimizing the Business Environment

Article 59: The use of non-coercive means such as persuasion and education, persuasion and demonstration, and administrative guidance shall be promoted in administrative law enforcement, and administrative coercion shall be prudently implemented in accordance with law.