On WTO And Administrative Legislation Of China

As for the nature, administrative legislation is a sort of legislation under delegation; therefore, the scope of administrative legislative power should be severely limited by parliament legislation. However the disposition mode of administrative legislative power in China today provides great temptation for the abuse of administrative power. WTO rules, however, bring China's administrative legislative power a sort of restrictive mechanism from outside.Administrative legislative concept under WTO system should be market departmental selfishness. Market departmental selfishness is service departmental selfishness, and is democracy departmental selfishness. To build up administrative legislative concept consistent with WTO rules, therefore, is to realize the transformation of administrative legislation concept form conflict to harmonization, from inequality to equality and from administration to service.To some degree, the legality of administrative legislation is also standardization and legality of administrative legislative procedure. The greatest shortcoming of China's administrative legislation lies in the casualty, secrecy and unpredictability of its procedure, WTO rules, however, emphasizes the legality, transparency and predictability of the behavior of government. Therefore, it is necessary for China to build up administrative legislative procedure consistent with WTO rules. Moreover, WTO requires judicial review of administrative legislation which does not belongs to the scope of China's judicial review, and because that the judicial review of administrative legislation is an essential condition to build up a sort of governmentruled of law, we should try our best to build up a kind of judicial review mechanism consistent with WTO rules.Before we build up this sort of mechanism, it is necessary for us to renovate the old administrative law system by other ways to ensure the consistence of China's administrative legislation with WTO rules. If WTO rules are the accession rules of the world market, then the formulation of administrative law system consistent with WTO rules is the prerequisite for Chinese market to meet with the whole world.