The Administration Under The Background Governed By Law Legislates To Study

Running the country according to law, setting up the decision of socialist country governed by law, has been written down into the constitution of People's Republic of China, and become China's basic state policy and the goal of political structure reform. Administrating the state according to law, which plays an essential part in putting the state policy in reality and achieving the socialist political civilization, is an important constituent of running the country according to law. The success of administrating the state according to law, to some extend, depends on the administration legislates. Without the mature and perfect administration legislates, ruling by law is hard to be considered as the managing of good method. The administration legislates in our country can be traced back to the early founding of country. In 1949, the first constitution file "Common Program of Chinese People's Political Consultative Conference" had mentioned some. Them with the advancement of administration legislates developed continually. Especially in the process of development of market economy, it wins the bigger extension room. But undeniably, China's administration legislates exists some weaknesses, such as the short time, the lack of experience and even some defect inborn. The enforcement of "legislative law" has exposed some theoretical and practical problem, even though it, to some extend, sets up a comprehensive and careful standard.My paper firstly summarizes the connotation of the administration legislates and defines the problems about the administration legislates to be explored in this paper, form the angle of legal principle. Secondly, I expound the trend and reason for the administration legislates. The development of the administration legislates in western countries is introduced here and studied from three aspects: ideological origin, economic origin and social origin. Next, the historical development of the administration legislates in China is introduced and I point out the trend of the administration legislates and analyze the reason.On this basis, the paper emphasizes the problems existing in China's administration legislates, and centers on legislative basis, legislative procedure, legislative competence, legislative to render a service and legislative right, etc. Every aspect is combined to theory and practice. At last, some detailed solution is proposed to perfect the administration legislates. My main train of thought is along the supervision of the administration legislates, and I summarize the successful experience of it in western countries. Combined with the present situation in our country, I propose some ideas in legislative control subject, legislative demarcation line, legislative control procedure, legislative control pattern and legislative control system of job responsibilities and so on to seek the available way to perfect China's administration legislates.