行政机关在其管辖事务的范围内,对于特定的相对人,采用具体的示范、建议、劝告、鼓励等非强制性方式实施的行政指导行为,由于相对人没有服从的义务,行政主体和行政相对人之间不产生法定的权利义务关系,相对人可自愿接受或拒绝,因而这类行为不属于行政诉讼受案范围,法院应依法裁定驳回原告的起诉。 Within the scope of their jurisdictional affairs, the administrative organ adopts the administrative guidance acts that are carried out by non-compulsory methods such as specific demonstration, suggestion, advice and encouragement for specific counterparts. Due to the non-compliance obligations of the counterparty, the administrative subject and the administrative relative There is no statutory rights and obligations between people, relatives may voluntarily accept or reject, and therefore such acts do not belong to the scope of administrative proceedings, the court should rule according to law dismissed the plaintiff’s prosecution.