Investigate The Legality Of Regulatory Documents

Regulatory documents are important basis of the administrative management and enforcement and are very closed to the people's daily life. However, due to the deficiency of the current laws and regulations, which are lack of the contents of the legislation drafter and the legislation procedure about the regulatory documents and also have no specific or effective regulations to the legality examination, illegal regulatory documents have seriously occurred. The author of the following article has come into a large number of regulatory documents with illegal contents during her work and these documents would infringe of the rights of the counterparts to the administration. Therefore, it has been so necessary to make sure the contents are legal when drawing up the regulatory documents.We should be aware of the fact that when drawing up the regulatory documents, it is the most basic requirement to ensure the legal contents of them. "Legality", as mentioned in the article, means the contents of the regulatory documents should be in conformity with the current laws and regulations, including the basic laws and the superior laws. According to the current laws and regulations, the examination can be practiced by the internal legal agencies of the administrative offices, legal departments of the governments, the national provincial and city Standing Committee of the National People's Congress, People's Court and the administrative reconsideration agencies of the governments. And these subjects will examine the legality of the regulatory documents under their own authorities according to certain procedure requirements.In the following articles, the author widely used a great quantity of cases and classified the illegal activities while listed several cases under each category in order to make the article readability and the illegal activities specialized and easily to be understood, which can give the reader a clear and comprehensive understanding about the illegal activities of regulatory documents.There are six parts of the article, which starts from the connotation of the regulatory documents by comparing the wide and the narrow definition of it and finally determined the regulatory documents as the administrative ones and then stated the characters and the functions of them. After all,the article listed the contents of legality examination as following:legal form, legal procedure and legal contents.The third part of the article is about the subjects and the procedure of the legality examination, which also went through the each step among the drafting,pre-examination,recording examination and regular cleansing, including the administrative suit brought by the specific administrative actions and the legality examination along with the administrative reconsideration. The regulatory documents can be classified into illegal drafter,illegal contents and illegal procedure. Though each case differed from others and is against different provision of the specific laws in the area of the illegal regulatory documents, the reasons why the illegality occurred are similar, which have been discussed by the author in the Part 5. By the end of the article, the author analyzed the reasons of the occurrences of the illegal activities and proposed constructive advices to the draft of the regulations about the legality examination.