The External Effect And Force Of Administrative Rules

Traditional administrative law hold that administrative rules are subordinate bodies of the higher authorities, or the chief to the subordinate, according to its authority or powers to regulate the order and operation of the internal organs, the occurrence of non-legal norms of foreign direct effect of the general and abstract rules. Most civil law countries still adhere to this understanding, such as Germany, Japan and Taiwan. These countries and regions hold that administrative rules are parts of the executive system, not legislative system. In modern China, subject to the influence of traditional, scholars have been working on the administrative body, administrative action and administrative remedies and other entities, the concern for the administrative procedures are little. Scholars to the major research efforts have focused on administrative regulatory documents, executive orders and administrative, and have no focus on administrative rules. In 2005, professor Ma Halide published "The draft law on administrative procedures (experts Proposal)"; the administrative rules look closer to our line of sight. Subsequently, some scholars follow him and publish works on related. At the national level, the administrative procedure law research has been put on the agenda, so the research for administrative rules of the external force will have a profound practical significance.This paper is divided into four major parts. The first part is introduction, the main purpose of this part is to find two typical cases involving administrative rules, as to show more about the development of administrative rules; In the second part, I will introduce some basic issues of administrative rules. such as the meaning and the criteria of administrative rules, the type of administrative rules, and the development status of administrative rules, etc; The third part is the effect of the external analysis of administrative rules, which is the main part of the article. In this part, first I will discuss the part of the legitimacy problems of administrative rules, and then make analysis of the type of administrative rules, and finally to explore the impact on the rule of law; The fourth part is the governance issues of the external validity of administrative rules, this section will introduce three models that entity regulation mode, the program mode of regulation and judicial rules model. In the last part of the conclusions, the author defined the concept of the administrative rules, the criteria and the type, and also given my own opinion that whether the administrative rules have external force, In addition made constructive suggestions about regulating the administrative rules.