The Study On Supervising Of Administrative Legislation

The appearance and development of administrative legislation reflects the tense relations between supply of law of authorities and social needs. As an important means of performing social management functions for modern governments, the supervising system of administrative legislation is closely related to the quality of administrative legislation. Given the situation of administrative legislation throughout the world, it is found that the number of administrative legislation is much more than that of authorities, which plays an increasingly important role in the society. At present, China is in a phase of social transferring, the stronger demand for law will be more obvious. How to protect the justness of administrative legislation has been an important issue for administrative agencies.Studying the supervision of administrative legislation aims to control the right of administrative agencies, which will make the administrative legislation into a controllable aspect, and then achieve the effective protection for the right of people. However, some imperfections have still been in the domestic supervising system of administrative legislation, which fails to make an effective impression into practice.Based on the method of historical and comparative analysis, this dissertation tries to study the theory of supervising administrative legislation from internal and external aspects. Comparing the system of supervising administrative legislation between China and foreign countries, the thesis discusses the defect of China’s existing system and then suggests some ways for its improvement. The dissertation mainly focuses on four aspects as follows.The first part introduces the theory of supervising of administrative legislation. Through the definition of the concept of administrative legislation, and the functions and principles of the supervising of administrative legislation, it is found that when the power of administrative legislation has been gained by a government, it will become the law-makers and executors, whose dual position will call the justice of administrative legislation into question. At this moment, the supervising of administrative legislation appears particularly important.The second part makes a comparison and experience on foreign supervising systems of administrative legislation. By comparing the supervising systems of administrative legislation between the common law system and civil law system, the paper considers that the existing supervising systems of China can be improved by strengthening the supervision of authorities, internal construction of administrations, and judicial supervision.The third part discusses the composition of the existing supervising system of administrative legislation of China as well as the current problems. By the analysis of present situation, it is found that many deficits have been existed in China’s current supervising systems of administrative legislation, such as the finiteness of the authorities’ supervision, the lack of judicial supervision, and the poor self-monitoring of authorities.Finally, the dissertation serves up some advice on improving the supervising systems of administrative legislation of China under the external and internal perspectives, including the external supervision and self-monitoring, as well as the standardization of Legislative procedure.