Analysis On The Causes Of Formation Of Department Leading And Controlling In Administrative Legislation

The administrative legislation of our country is affected by administrative system and legislative system, and all comes from the administrative department. It leads to the present administrative law and regulation conflicting each other in the course of administrative execution. This phenomenon is harmful to interests of relative people of the administration, and influences the process of administrating by law and seriousness of administrative execution. This text tries to seeking a effective way to control administration legislate " department leading factor "through analyzing its behaving, reason control measure legislating, so as to realize scientific, democratization and standardization of administration legislation. This text is divided into such three parts.The first part mainly introduces the concept of administrative legislation and department's leading. The administrative legislation means that the administrative agency make administrative statute, administrative department rule or regulatory file according to legal process, functions and powers. The phenomenon of department leading in Administration legislate means all the departments in administrative agency utilize the deficiency in the current administrative legislation and develop its influence fully, make the department's interests legalizationThe second part describes the main behavior and reason of " department's leading factor " phenomenon in administration legislation The main behavior of department's leading factor " phenomenon in administration legislation: Permeating the department interests in the process of administrative legislation, so that there aresuch clause as stressing department interests, strengthening department power, ignoring rights and interests of relative people appearing in written law. The main reason of " department's leading factor " lies in: the identity of administrative legislator is special (combine legislator with law-executor), the supervision of administrative legislation is uncompleted, and the procedure of administrative legislation is not perfect.The third part mainly investigates the measure of controlling " department leading in administrative legislation. Through analyzing relevant clauses of the legislative procedure, legislative control in current laws and regulations, proposing to put forth effort at perfecting procedure supervisory system of administrative legislation. On perfecting the legislative procedure, setting up avoiding system is a good way, especially avoidance at the stage of legislative hearing; perfecting system of masses participation in administrative legislation, establishing such systems as openly legislating, public objection, administrative agency denying public suggestion with conditions; perfecting hearing system in administrative legislation, making the hearing range, way and participant definite. On strengthening the control of administrative legislation, proposing to perfect the system of administrative supervision, making the leader, organization, and operating rules of administrative supervision concrete; strengthening the supervision of the authoritative organ, making the standard and measure of implementation completed, concrete and institutionalized, standardized. Setting up system of judicial supervision, introducing judicial process to legislation, and perfecting the system of recording.