A Research On Some Legal Problems Of Government's Red Head Documents

"Red head documents" issued by the executive called normative documents is an important means of public management and the basis. Along with the expansion of administrative power, the extension of the bound of government function, the complication of civil service and the development democracy, the administrative action is also pluralistic. In the diversification today, we move forward with ceaselessness performing official duties according to law now that essential points is affirmative, "red head documents" working out standardizes day by day, mass improves unceasingly; There exist break the law, monopolize, unfair competition problem such as or discriminating against in the content also needing to see some "red head documents", they possibly have violated law explicit stipulation, or have violated law purpose, principle, spirit, or escapism law, with the benefit seeking this branch, this local. In administration practice, the government works out the have appeared to be in flood and with the good and the bad intermingled phenomenon of "red head documents" administration behavior, not only this give "the successful head the document" legitimacy crisis to add to the misfortunes of a man who is already unfortunate, but also the direct threat believes a force to government administration authority and public.At present, there are some phenomena that overrun and the good and bad are intermingled in the administrative action of government to constitute "red head documents", it needs us to solve the problem via investigating its concept, searching for the reasons why it is illegal, discussing the share of obligation of illegal ""red head documents".Our aim is to carry out and actualize the fundamental of the legal administration better, survey and supervise the daily administrative actions of the government, enlarge the bound of the "Law of Administrative Lawsuit", endow the public the genuine right to accuse the illegal"red head documents", maintain the legality rights and interests of the common people, make great efforts to constitute "Sunshine Government". The meaning is to make the administrative action more transparent, maintain the fundamentality interests of far-reaching civilians, accelerate the construction of the national democracy and legal system. This article mainly consists of three parts, Part I is the basic research of "red head documents", the concept, allocation, characteristic sum probing into "the red head document" work out degree. The main body of a book concept adopting "the successful narrow sense head document", the end points to the document that the administrative organ sends out specifically for the specially appointed citizen does not composing in reply organization but does not making, this kind of document is face to face public besides having a force of constraint, dealing with their rights and duties, being just administrative laws and regulations, regulations fitted by legal language norm document having the common force of constraint other. Discussion carrying out late single-step's on it, "be red besides the document" fixes position for administrative laws and regulations, regulations be not a legislation administration norm document other, working out the red head document is one kind of abstract administration behavior that all of the various levels administrative organ makes. Analyse characteristics such as secondary attribute, implementation, abstract "making a document red" and work out procedure. Partâ…¡has been that "red head documents" is hit by have problem and analysis of causes, has started with middle have problem of analytical "red head documents", has probed into "red head documents" step by step working out main body chaos, couple of it's supervision purchases state in emptiness, a legal system and the administration system tier of level fault are much, rule of man thought affects, formulating essential rules and regulations lacks for deep cause such as losing, being short of the spirit responsible for the public. Partâ…¢is the legal liability "red head documents" and their gauge system breaking the law, the extent of liability emphasizing the analytical "red head documents" breaking the law bears it with responsibility, the gauge makes by reinforcing the law to "red head documents", structure effective gauge system system, the perfect government examines to putting on record "making a document red", exploration building-up administration in drafting process listens to certificate system, enlarge all of the various levels National People's Congress and their standing committee supervising "to making a document red" issuing the front substantiality for enforcement examining, Expand the judicial review to "red head documents" legitimacy dispute.