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On Self-regulation Of Administrative Agencies

Posted on:2013-01-24Degree:DoctorType:Dissertation
Country:ChinaCandidate:W XuFull Text:PDF
GTID:1116330374487844Subject:Administrative Law
Abstract/Summary:PDF Full Text Request
This paper classifies the way of administrative rule of law into three types, namely, the legislative regulation mode, the judicial regulation mo de, and the administrative self-regulation mode. This paper further analyse s the theoretical basis of administrative self-regulation, and describes the t heoretical way of administrative self regulation. Furthermore, this paper an alyses several main types of administrative self regulation and focuses on the limitations and ways of achieving perfect of this type so that we can find the way of standardizing self regulation. By expanding the horizon of public law research, we can finally achieve the aim of putting the the ory into better serving the practice.Preamble deals with the awareness of problems, the summary of topi c research, research methods and its innovations.The first chapter introduces three ways of administrative rule of law. This paper classifies administrative rule of law into three ways, namely, the legislative regulation mode, the judicial regulation mode, and the admi nistrative self-regulation mode. The legislative regulation mode is based o n representative bodies who act as its main regulatory subject, emphasizin g the legal domination of the executive, and stressing the implementation role of the administrative agencies. The judicial regulation mode is based on the judicial agencies who act as its main regulatory subject, emphasizi ng the judicial supervision of administration generally. Administrative self regulation is based on the administrative agencies who act as its main reg ulatory subject, emphasizing the internal regulation in administrative syste m.The Second chapter aims at describing the theoritical basis of admini strative self-regulation. The theoritical supports of administrative self-regula tion as a way of administrative rule of law are mainly as follows:firstly, the seperation of powers, checks and balances and the autonomy. The le gislative regulation mode emphasizes the supremacy of Parliament, stressin g the domination of legislation to administration. The judicial regulation mode emphasizes the judicial priority, emphasizing the general supervision of the judicial on administration. In both modes, administration is always being dominated, and on the supervised status, which is not consistent w ith the political status of the modern state. Administrative self-regulation mode emphasizes the autonomy of administrative agencies and stresses the internal regulation of executive system and its self-discipline; Secondly, s oft law and balance theory. According to soft law and balance theory, the administrative power has both the negative effect and the positive effect. The regulation and supervision of administrative power must use both th e means of hard law and the soft law resource, to achieve the organic co mbination of self-discipline and the rule of law. Administrative self-regulat ion is an important manifestation of administrative self-discipline.thirdly, th e administrative ethics and traditional culture. The administrative culture o f self-discipline and the ethical self-discipline of administrative staff can a lso provide the theoretical resources for administrative self regulation.Final ly, the change of idea on power and personal rational choice theory are a lso the theoretical basis of administrative self-regulation.The third Chapter is mainly about the theoretical way of administrati ve self-regulation. This chapter mainly induces several modes of administr ative self regulation. One is the seperation and the delegation of administr ative power.The second is the regulation of normative documents. The th ird is the regulation of administrative process by mechanisms of opening t he government information, public participation, expert advice, cost-benefit analysis, risk assessment etc to open the administrative decision-making process. The fourth is achieving self regulation through the administrative supervision.The fourth chapter demonstrates the value, limitation and way of achi eving its perfection. The values are as follows:low cost, small conflict a nd easy to control, timely, efficiently and etc.The limitations of administra tive self-regulation are as follows:lack of drive, non-persistent, non-unifor m and the knife can't cut its own holder and it may undermine the tradit ional rule of law. To improve the way of self-regulation, we can on the one hand enhance the legitimacy through various ways, and on the other hand, to strengthen the interface between the administrative self-regulation and other regulatory manners.Conclusion summarizes the basic idea of this paper and its shortcomi ngs. The extension of research on self-regulation requires us to expand th e sight of public law studies.
Keywords/Search Tags:administrative self-regulation, legislative regulation mode, judicial regulation mode, way of administrative rule oflaw, soft law
PDF Full Text Request
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