A Study On Administrative Regulatory Files

According to the principles of modern rule-of-law,as the executive branch,the administrative sectors should strictly enforce the laws made by the legislature,which is the so-called No Administration Without Law.However,normally,laws made by the legislature are not so perfect because the society is changing rapidly and the ability of the legislature is limited,therefore,the administrative sectors are obliged to make some regulatory files to makeup the deficiency of the laws so that they can meet the need of social administration.In practice,a large number of the administrative actions are made according to the regulatory files by the administrative sectors themselves.Is this phenomenon lawful and justice?Do or should the administrative regulatory files bear a law effect?The academic circle are in a dilemma about this for the time being.The task and end of this thesis is to probe a proper theory to resolve the dilemma of the situation that regulatory files facing based on the foundation that insisting on the fundamental constitutional doctrine and defending for the legitimacy and rationality of the regulatory files.With the exception of this,to find a way for the supervision and perfection of the regulatory files is another task for this dissertation.The author believes that this is a study with enough theoretic and realistic significance.The first chapter mainly discusses the fundamental theories about administrative regulatory files.Based on the analyst on all sorts of name of the administrative regulatory files,the author has forwarded his own definition and pointed out that,essentially,the administrative regulatory files are a kind of administrative interpretation which does not bears an effect of law.But,a lawful administrative regulatory file bear an effect by law.And whether it is lawful,it depends on the judicial review by a law court.For a lawful administrative regulatory file,the law court should recognize its effect and apply it in a judge.During the process of a judicial review on an administrative regulatory file,the law court should respect the interpretation by the administrative sector.The second chapter mainly discusses the system of judicial review on administrative regulatory files.Firstly,the author analyses the three theoretic foundations for judicial review on administrative regulatory files,then studies on the way of initiating a judicial review,the standard and intensity of review,and makes an comparison study among judicial reviews of some main foreign counties.Finally,the author probes the law effect about a judicial review on an administrative regulatory file.The third chapter serves a study on the supervision systems apart from judicial review.The author mainly discusses the system of administrative filing and inspect,administrative reconsideration,legislative filing and inspect as well as social supervision.The fourth chapter serves the study on how to perfect the supervision and review mechanism for administrative regulatory files.From the five aspects of file making,judicial review,administrative filing and inspect,administrative reconsideration,legislative filing and inspect,the author puts forward the proposals for perfecting the process of making and supervision of the administrative regulatory files in China.