On Regulating The Roles Of Interest Groups In Administrative Legislation

Since the reform and open policy, our country's law construction has made considerable progress. Administrative legislation development also makes a tremendous speed, advance by leaps and bounds, holds the dominant status in our legal system. However, because of the rule of law in the early development, our legislation personnel's quality, level, experience, and administrative legislation supervision system have many problems. Our administrative legislation study, mostly focused on the form and the Angle of consummate administrative legislation system, such as administrative legislation democratic participation system, administrative legislation public institution, but things are split into two, we should also see a stream of deep strength effecting on our country's administrative legislation quality , is China's interests. This paper takes China's interests as the research object, revealing their effect on our country's administrative legislation, the cause of way, harm, as well as deficiency of China's current interest groups the system of regulating, and proposes the corresponding solution.This paper's structure, in addition to the introduction and conclusion, is divided into four parts:The first part is the general interpretation of interest groups, using theory research of politics, economics and law, and in combination with the special conditions, explains causes, types and characteristics of our interests group and indicates distinction between our country interest groups and western interests. Firstly, the cause of our interests group is the interests diversified. Since the reform and opening in China, the society development appeared the diversity of people interest, various kinds of interests through mutual combination formed our interest groups, and because of our country in the social transformation, various kinds of interests restructuring is also in the dynamical, the interests forming is still not solid developing. Secondly, as our country's gradual reform is a planing to market transition, which makes different types between our interest group and western, in this paper, I divides into the special interests and common interest groups, but the central departments and local government as an independent interest groups in our country at present is one of the most striking features. Finally, the transform of our country social will inevitably lead to our interests group developing unevenly and instability, special interest groups's strength too strong, common interests groups especially potential interest group has the danger of being marginalized.The second part is interpretating influence of Chinese administrative legislation interest groups on. Firstly, I reviews and summarizes development and status of the administrative legislation in our country, and clarifies the important status of the administrative legislation in our country at present. Secondly, I elaborates the means of interest group influencing on administrative legislation and in line with the actual conditions, carries on the induction of the way of influencing administrative legislation separately by the special interests and common interest groups; Finally, I makes the pro and con evaluation on the interest group influence of administrative legislation, basis on admitting interest groups not eliminating, thinks that only through system construction, fostering weaknesses and circumventing strengths, making them achieving dynamic balance, can play the positive role of interest groups, prevent its negative effects.The third part explains the institutional defects of standarding interest groups now. Reference on related research of administration, and according to actual condition, respectively expounds institutional defects of regulate on the special interests and common interest groups, and individually to system lacking of regulate on the central government departments and local governments makes a in-depth analysis, from the financial system, administrative system and supervision mechanism three aspects elaborates on China's current urgently to be improved.The fourth part puts forward some schemes to solve predicament currently. Firstly, We should solve the unnormal phenomenon of the central government and local government as the interest group.Government as representative of the people's interests, only can represent people, can't have their own interests and become interest groups to infringe upon the interests of the people, therefore, must make improvement and perfection from financial system, administrative system and supervision mechanism researche to make the government return to the instinctive quality on their people's interests represent. Secondly, for other special interest groups, through the rule of law and other institutional construction, we can put them into the orbit of operation system, curb its benefit of urges through illegal means. Finally, for common interests, especially potential interest group, through the system construction, strongly support its development, and with the government, NPC, society and media strength, make its grew up soon to be a powerful force constraining the special interests groups.Making two big interest group dynamic balance is importantto the entire social stability and peace.