Investigation Of Responsibilities Caused By Illegal Administrative Normative Documents

In modern society, with the increasingly complicated social Management, the government's administrative functions corresponding continually expanding, its established administrative normative documents is also increasing. By "self-serving legislation," the violation of an administrative normative documents was a growing phenomenon. How to effectively control administrative power and ensure it legally exercise its administrative power is to be a major difficult problem in current social.From the differences between the administrative organ'acts of formulating normative documents and legislative acts of the parliament, and the relevant theory of political responsibility and unconstitutional responsibility, and the philosophy theory of universality and particularity of contradiction, we reveal, act of making administrative normative documents essentially is administrative act, not a legislative act, and the responsibility of the lawmaker who formulates illegal administrative normative documents should be specific legal responsibility in nature . The Court as a judge of the specialized agencies, has fully capable and necessary to review administrative normative documents,it incarnate the division of powers and demands of urges the executive administration according to law, safeguard the legitimate rights and interests of citizens. Existing self-monitoring of executive authority and review of the people's congresses and their standing committees of organs,although there is a role, but not a satisfactory results .Because it against the principle that people can not be a Justice in their own cases , and the people's congresses and their standing committees of organs, guided by the principle of collegiality, lack of time, nor the ability to judge the professional and technical issues that whether the administrative normative documents breaking the law. so it was unreasonable system design and has much inconvenience when implement.To supervise administrative normative documents effectively,it is not only to review,more importantly, is to find and investigate the responsibility of the lawmaker who formulates illegal administrative normative documents . By referring to relative foreign legislation and theories, it is of great importance to establish China's system of investigating responsibility caused by illegal normative documents, including the founding of judicial system of reviewing administrative normative documents by court in fornal and investigating individual responsibility for those who formulates illegal documents throught the cooperation of the NPC, administrative, judicial bodies...