与行政指导相关的国家赔偿问题探讨

行政指导作为现代政府管理社会和经济的重要手段，既有许多特点和特殊功用，也有一些不可忽视的缺陷和负面效应。行政指导在实践中存在的突出问题包括：（1）行为不够透明；（2）动机不尽纯正；（3）关系尚未理顺；（4）责任不甚明确；（5）救济缺乏力度。因此，必须加强对相关行政权力的约束和行政行为的规范。对于行政指导的国家赔偿诉讼有必要采取违法责任和公务过错责任相结合的归类原则，通过对行政主体的公务过错程度以及行政相对人应承担的风险责任两方面的具体分析来决定国家应承担的赔偿责任。

Exploration on the State Compensation Related to Administrative Guidance

Administrative guidance, as an important means for a modem government to manage the society and economy, has many characteristics and special functions, as well as a series of defects and negative effects that can not be neglected. In practice, there are five aspects in the implementation of administrative guidance： secret behaviors, incompletely innocent motivation, irrational relationships, unexplained obligation and inadequate relief. Therefore, we must strengthen restraints on related administrative powers and make administrative behaviors standardized. As to the state compensation guided with administration, it is necessary to apply the classification principle, which consists of the responsibility of violating laws and the responsibility of fault in official businesses. Through the analysis on the extent of administrative subjects＇ fault in official business and the analysis on administrators＇ responsibilities for the risks, we can decide the compensation responsibilities which should be taken by the state.