On Examination And Supervision Of The Regulatory Documents By The Administrative Authorities

For the time being, the phenomena of various kinds of illegalities existing in theregulatory documents issued by the government authorities at all levels are not rare.It is often to see that various regulatory documents conflict with each other. So-called"red stamp documents" which is rarely regulated have brought severe adverse effectsto the lawful administration order. In a law society, regulatory documents, as oneimportant vehicle of the exercise of administrative power by the governmentauthorities, shall be legalized and standardized as well. The main purpose of thisdissertation is to provide some ideas as to how to examine and supervise theissuance of the regulatory documents by the administrative authorities. Thisdissertation consists of three parts: an overview of the regulatory documents issuedby the administrative authorities; a survey of the current system for examining andsupervising regulatory documents; and the establishment of a uniform examinationand supervision system prior to announcement.In the first part, the definition of the regulatory documents by the administrativeauthorities will be analyzed from a theoretical and legislative perspective. After thesummarization of the main features, the definition of the regulatory documents isgiven and shall refer to behavior norms which are made by the administrativeauthorities at all levels in order to implement laws, regulations, rules and to performadministrative duties, are further repeatedly applied, and have general binding effects.Several illegal or unlawful circumstances for the regulatory documents are discussedand analyzed. On the basis of the foregoing discussion, the second part briefly discusses the legalbasis for and main characteristics of the examination and supervision of theregulatory documents issued by the administrative authorities. This part thenanalyzes the problems and inadequacies in various systems such as the recordingand examination system, administrative review system, challenge system.In the third part, it is put forward to a uniform examination and supervision system forthe regulatory documents issued by the administrative authorities. The legal basisand feasibility of this system as well as the lawful effects and corresponding solutionsare also discussed. In the end, some personal views and suggestions are made as tohow to perfect the supervision and examination system for the regulatory documentssuch as "three uniforms", uniform concept, uniform title and uniform legislativeprocedure. It is advisable that the State Council and provincial governmentauthorities shall pay more attention to the examination and supervision system for theregulatory documents. In particular, the scope of duty shall be clearly defined andmore effects shall be made to the training system. Also, the Legal Affairs Office of theState Council shall tailor specific regulations or policies to strengthen the legal basisfor the examination and supervision of the regulatory documents.