Research On Legislation Procedure Of The Administrative Regulatory Documents

Being an abstract administrative act produced by administration, administrative normative documents, on the one hand, plays an important role in administrative procedures; on the other hand, jeopardizes the public basic rights due to the illegitimacy during the legislation process. All these can not only ruin the public credibility of the government, but also hamper the development of the idealization of "administrating by law". We may realize the great amount of the current working administrative normative documents; we may notice the chaotic management and the confusing legislature of the administrative normative documents; however, the administrative normative document itself serves as the practical tool which may directly influence the basic right of the subject. Also, we can never deny that currently there exists no unified "Administrative procedure law" to regulate the procedure to produce the normative documents, not mention the supervision mechanism, leading to the fact that the jurisdiction can hardly control or supervise the administration. Even though the administrative normative documents have so many problems, they still worked as an indispensable legal ground in modern management activities. Specifically, it can boost the administrative efficiency dramatically and contribute to the project of "administration on the basis of law." Hence, the writer tries hard, from the prospect of the basic theory of legislation procedure of administrative normative documents, under the current Chinese legal framework, to find out the current situation of legislation procedure of administrative normative documents, analyze the reason and finally put forward some pragmatic advises to improve and design Chinese legislation procedure of administrative normative documents, with the purpose of regulating Chinese legislation procedure of administrative normative documents; demonstrating the democracy, reasonability, the value and the function of administrative procedure. The thesis comprises of 4 chapters.Chapter 1:Analysis of the basic theory concerning the legislation procedure of administrative normative documents. Defining the administrative normative documents academically and demonstrating the importance and major character of the legislation procedure of administrative normative documents and finally discussing why we shall bring up the concept of administrative procedure.Chapter 2:Current situations of legislation procedure of administrative normative documents both at home and abroad, including the principle and system using in Chinese legislation procedure of administrative normative documents.Chapter 3:Problems existing concerning the legislation procedure of administrative normative documents in China and why. Analyze the problems in weak awareness, lack of system, multiple legislations, lack of supervision mechanism and put forward advises. Chapter 4:Designing the legislation procedure of administrative normative documents. Trying to set the guidance thoughts to build the specific system of legislation procedure of administrative normative documents.