A Study On The Filing System Of Administrative Regulatory Documents

In China, the administrative regulatory documents serve an important role in the achievement of the administration targets of various governmental departments. However, many illegality and inappropriateness occurs in the process of their formulation and implementation due to the shortage of relevant efficient supervisory methods, thus have brought a lot of negative impact to the normal public and market order. Such problems have also aroused great public concerns and received plenty of criticism. Under such a circumstance, we shall pay more attention to its solution from a theoretical perspective and make an active response to such questions as "what problems happen to their supervision and control system?" "what kind of supervisory system is more suitable to our present administrative regime?" etc. Among the existing supervisory systems, the author considers that the filing system of administrative regulatory documents has an irreplaceable position in respect of maintaining the uniformity of the State legal system and protecting the lawful rights and interests of the public and has undertaken an empirical analysis on the basis of many first-hand materials rather than a logical or theoretical reasoning. Based on the comprehensive analysis of the current filing system of administrative regulatory documents, this thesis aims to propose a feasible and practical solution for the problems of their supervision and control system.The thesis consists of seven parts:Forwards:In this part, the thesis first introduces the research background and the theoretical and practical value of the research, then analyzes the general state of the research with respect to the definition, legal nature and supervision and control system of the administrative regulatory documents, and makes an explanation on the research framework and scope. The outstanding characteristics of this paper are located on its practical value, which mainly aims to renovate the actual operational mechanism of such a system. The paper points out that to supervise and control the administrative regulatory documents through the filing system is a necessary choice which is suitable to the real conditions of our country. The researches in this respect can certainly serve to enhance the efficiency of the supervision and control system of administrative regulatory documents and benefit the improvement and development of the administrative self-control system of governmental departments as well as enlarge the theoretical research perspective in this regard.Chapter I:The overview of the filing system of the administrative regulatory documents. This Chapter first answers what is the administrative regulatory document, and analyzes the existing problems in such documents. Then it points out that the filing system of the administrative regulatory documents is formed on the basis of administrative self-control theory and is a result of the social demand for maintaining the uniformity of the State legal system. The paper also analyzes the development process of such a system and gives an overall review to its orientation in the whole supervisory system of the State. Finally, it makes an analysis of the main characteristics of the development history of the filing system of the administrative regulatory documents as well as its future development.Chapter II:The comparison of the filing system of the administrative regulatory documents with other supervisory systems as well as the relevant overseas practice. This Chapter, mainly by use of the comparative analysis method and from a perspective of supervisory effect and actual implementation, compares the current supervision and control systems of the administrative regulatory documents, in which the legal basis, characteristics and disadvantage of each main supervisory mechanism can be displayed and analyzed in a comprehensive manner, including supervision and control respectively by the legislation, judicial organs, administrative reconsideration agencies and filing agencies. Then, it gives a priority to the experience that we can draw from the overseas practice in the relevant field. ChapterⅢ:The empirical analysis of the filing system of the administrative regulatory documents (Ⅰ):Filing Registration. The thesis divides the research into two parts on the basis of the main contents of the filing system of the administrative regulatory documents:filing registration and filing review. By taking the governmental rules of the local governments on the formulation and filing of the administrative regulatory documents as the research samples, this thesis attempts to provide an empirical basis for the establishment of the national uniform filing system of the administrative regulatory documents. The research object of this Chapter is filing registration. In the specific analysis, detailed demonstration is, in light of the actual order of the filing operations, focused on the target and nature, filing initiation power, filing registration management, factors for formative reviews and so on. Especially, it pays more attention to the filing initiation power, in which it analyzes the existing problems in the current provisions and makes specific improvement proposals. It comes to a conclusion that the openness and transparency is one of the highest values to the filing activities of administrative regulatory documents.ChapterⅣ:The empirical analysis of the filing system of the administrative regulatory documents (Ⅱ):Filing Review. The research object of this Chapter is filing review. It mainly discusses the review scope, the handling of the review results as well the accountability system which belong to the material parts of the system. Among the other things, it places a priority on the analysis of the disadvantage of such a system in the identification of review scope and the handling of the review results, and then proposes corresponding improvements in order to enhance the feasibility and practicability of such two procedures.ChapterⅤ:Several Proposals to the improvement of the filing system of the administrative regulatory documents. On the basis of the above research results, this Chapter makes an overview of the regime, mechanism and system of the filing of the administrative regulatory documents and suggests that the administrative regulations on the filing of the administrative regulatory documents shall be made by the State Council as soon as possible. In this part, the demonstration mainly focuses on four proposals:(1) to formulate the national uniform legislation on the filing of the administrative regulatory documents; (2) to enhance the building of the filing agencies and give an independent position to such agencies; (3) to establish a uniform coordination mechanism between the filing agencies of the administrative regulatory documents and other supervisory systems; (4) to improve the accountability system for the filing of the administrative regulatory documents.Conclusions:In this part, the main argument points of the thesis are concluded and this Chapter also provides a perspective for the future research on some points that the author considers also important to the improvement of such a system but has not been covered by this thesis are provided thereof.