Analysis Of Representations And Causes Of The Conflict Between Administrative Regulations And Law

Administrative management is according by administrative regulations that plays an important role in it. But in the process of "running the country according to law, build the socialist country governed by law", the administrative regulations yet has a series matter which arouses people's attention.In this article, the author analyses the notion of administrative regulations and sum up its effect and function in the administrative management firstly. Then summing-up and classified the representation of the administrative regulations conflict to the law. From the body of constitution we can classified it as: Though there is consanguineous relation between the administrative regulations and the administrative subject, the administrative exceed the authorization of administrative department; Though the administrative regulations has connection with the function of the administrative body, the administrative department manage it in the old way; Though there is no connection between the administrative regulations and the administrative body, the later constitute the administrative regulations exceed its authorization. From the procedure of the administrative constitute and enact, we could classified as: there is no nationality for the short period from its enact to bring into effect; it violation the principle of info-open for the administrative regulations without promulgation. From the conflict of the proceeding of administrative and the law, we could classified it as: the conflict between the stipulated business of the administrationand public power; the conflict between the stipulated business of the administration and the private power.In this article, the author point out that the enforcement of law according on the administrative regulations is decided by political system and law system and the administrative form of our country, and has massive historical foundation and profound reality inevitability. The author also probes into the reason of the conflict between the administrative regulations and law. The author points out that it is the conflict ideological foundation between the administrative regulations and law that the absence and windage of the ideological of modern monocracy; It is the reality foundation of the conflict between the administrative regulations and law that the principal and lagging of law and the administrative department constitute the regulations which exceed its authority; It is a mightiness impetus that the protectionism of local and departments and the benefits for their own; It is the system foundation that there are too many law system and too many levels of the administrative regulations, it is the fuse of the conflict between the administrative regulations and law that the three disorder in the process of the constitution of the administrative regulations.The absence of supervision for the administrative regulations yield the conflict of administrative regulations and law unintentionally. Those conflicts not only harm to the sanctity of law and image of government but also disturb the normal economic and social order.In the end, the author point out the way to resolve the conflict which is the establishment of mechanism of the unlawful administrative regulations and bring the administrative regulations into the scope of the administrative procedure etc..