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The Research Of Administrative Legislation Censorship

Posted on:2012-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:W MeiFull Text:PDF
GTID:2166330338959445Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
As social and economic development to a deeper level, the conflict between different stakeholders and conflicts increase, good and bad maintenance of the vested interests of both the executive and legislative needs, but also for the expansion of executive power covered with legitimacy. To respond to this change and the building of harmonious society, need to accommodate the interests of a balanced expression and the interests of the executive and legislative review mechanism, legislative review of the executive, legislature and the executive in theory can give legitimacy and effectiveness of a theoretical basis, and deepen our understanding, in practice conducive to justice, democracy, scientific, reasonable administrative regulations and rules generation. This paper is based on the legislative review of the existing administrative mechanism of the analysis, related systems from abroad, attempts to improve the administrative system of legislative review to make some constructive comments.This paper reviews the current executive and the legislature to conduct a detailed analysis of the background, the initial establishment of a clear system of executive and legislative review and improvement of the necessity and urgency, the same time, the executive and legislative review of our current system analysis, to explore the system of the theory of the Executive and Legislative Review and practical significance, reveals its showing in the ascendant of development. Secondly, to further define the concept of the executive and legislative, executive and the legislature a clear concept of administrative law in the context of use, refers to administrative rules or regulations have developed the power of the administrative body according to the legal powers and legal procedures to develop the activities of regulatory documents, In order to define the scope of the study, clarify areas of study, I will be making the executive acts of normative documents is divided into two types of administrative legislation, the other is included in the abstract administrative act. At the same time, the author of China's administrative legislation and widespread but the foreign content of the appointment of different legislation comparison, the two are common: first, the appointment of legislative or administrative legislation is an abstraction of reality, not the law term or regular expressions; second legislative or executive and the legislature are appointed by the executive refers to the activities or behavior. On the other hand, this article will be the executive and legislative and regulatory documents in the development of the main scope, nature, and form requirements of the program has done a clear distinction is intended to lead to problems, namely executive, legislative and administrative action the abstract "legitimacy ", and then establish an administrative system of the need for legislative review. Again, this article by Britain, the United States, France, Germany, Austria and other countries of the executive and legislative review system, and then the executive and legislative system of the present in-depth analysis, summed up China's legislative review of administrative legislation and administrative problems that exist in the system. Finally, we return to practice from theory, put forward a sound review of the existing system of administrative legislation some suggestions, not only from the legislative, administrative and judicial review of executive and legislative aspects of improving the system, but also the introduction of expert review and public participation, and the specific entity and procedures for a detailed discussion of the purpose of that legislation for the establishment and improvement of administrative review system to provide point of reference.
Keywords/Search Tags:executive and legislative review, delegated legislation, administrative documents, judicial review
PDF Full Text Request
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