A Study On Problems Existing In Administrative Standard Documents Under The Background Of Constructing The Government Of Law

According to " The Implementation Summary of boosting legal Administration " State Council promulgated in 2004, the government proposing the legal bill, the local laws and regulations draft, formulation administrative rules and regulations, rules and regulations, system construction and so on standard document must conform to the constitution and the legal rule jurisdiction and the procedure, the full reflection objective law and the most general populace's basic interest so as to provide the system safeguard for the socialism material civilization, the political civilization and the spiritual civilization coordinated development . Obviously, the administrative organization formulating legitimately the reasonable and science standard document not only is our country necessary command of constructing the law society and the government of law, but also is the guarantee of maintaining people's legal rights and interests.Using the theories of administration, administrative jurisprudence and management study elementary theory, the author generally utilized case-analysis method and analysis as well as standard analysis to thoroughly analyze the current question existing in our country administration standard document as well as the its origin, and proposed specifically the feasible solutions and the measure to these questions.This article is mainly divided into three partialIn the first part, the author elaborated basic concept and the related theory of the administrative standard document. The definition of administrative standard document discussed in the article is the the decision, the order and the administrative measure and so on possessing universal binding force formulated by each kind of country administrative organization in order to the implement law or carry out the policy, in the legal jurisdiction except the administrative rules and regulations. The administrative standard document has some characteristics such as administrative, standard, multi-main body and the multi- levels in its potency and so on. Its basic function lies in: it is advantageous to strengthen all levels of governments' administrative legal system work;it Is advantageous to involve the enthusiasm of all levels of people's government as well as the respective department.In the second part, the author has analyzed the current problems existing in administrationstandard document and its causes. The author listed the problem presently existing in our administration standard documents: (1) too many main body enforce the legislation work;(2) power abuse phenomenon is serious;(3)serious violation of the up-position law;(4) conflicts between the documents. Reasons that caused the problem listed are the influence of the rule by people idea, the motivation of non- right benefit, the procedure rule vacancy, the obscure formulation jurisdiction as well as the weak surveillance and so on.In the third part the author discussed how to improve the administrative standard document quality. This article believed that, to improve and enhance the quality of the administrative standard document. First, it is necessary to strengthen the control of the administrative standard document formulation and in the legislation procedure, including clarifying main body and its the jurisdiction in formulation, perfecting formulation procedure of administrative standard document, establishing cleaning up system for administrative standard document and so on. Next, it is necessary to improve the surveillance mechanism of the administrative standard document, including strengthening and improving the surveillance of the organ of power and judicial organization. In addition, it is supposed to establish a responsibility-check system to punish the illegal violation in the administrative standard document.This article occupying of main innovation to, in view of present our country administration standard document existence main question and origin, In proposes own viewpoint in order to improve the administrative standard document quality in many measures and ways. Such as reconsiders the system in view of the present our country administration is one kind of indirect, passive administration reconsiders the system, it is disadvantageous to the maximum limit protection broad masses' legitimate rights and interests, soon proposed establishes one kind directly, the driving administration reconsiders the system. In view of our country at present unification administrative standard document formulation procedure, soon proposed imitates the administrative rules and regulations, Formulates "Administrative Standard Document Formulation Procedure Rule" to unify the administrative standard document the formulation procedure. In addition, the article in the expansion administrative proceedings scope, will abstract the administrative action to bring into line with aspect and so on lawsuit scope also proposed own opinion.