行政指导作为一种新型的行政管理方式在实践中广泛运用并发挥着重要作用,然而由于各种因素的影响,在行政指导的实践中也会给相对人带来损害。因此,我们应当采取事前救济和事后救济等定型化、法治化的救济模式来保障相对人的合法权益,当相对人因行政指导行为而遭受到实际损害时,应依据违法责任、过错责任、公平责任等原则来要求行政机关承担相应的法律责任。 Administrative guidance, as a new type of administrative management, is widely used and plays an important role in practice. However, due to various factors, the administrative guidance can also bring harm to the relative. Therefore, we should take the pre-relief and ex post relief and other stereotyped and legalized relief mode to protect the legitimate rights and interests of the relative. When the relative is actually harmed due to the administrative guidance, we should base on the illegal responsibility, fault liability and fairness Responsibility and other principles to require the executive authorities bear the corresponding legal responsibility.