Procedure Regulation Of Administrative Legislature In Our Country

Administrative legislature marks the rapid development of our legal system construction since 1980s, which has played a positive role in the improvement of the legislative system as well as the establishment of legal institution in administration. On the other hand, there are unavoidable problems with the practice of administrative legislature, since it is totally new in our legislative system which is embodied in the following respects: serious legislative conflicts, legalization of departmental interests, imperfect democratic institutions, and infringement upon the civil rights.For these drawbacks we can not ignore them, or stand still, as the control of administrative legislature is the basic requirement of the rule of law in administration. Therefore, it has become a common recognition in legal circus to probe into the effective way to regulate administrative legislature."Procedures", effective restraint on"wanton"and the"the guarantee of rational choice"the rules of the executive and the legislature have become the most important means used to regulate it. Theoretical study brings about the promulgation of a new law."Law of Legislation"and the following two regulations provide more detailed provisions to the legislative process, which has contributed a lot to the development of our administrative legislative procedures. However, these regulations are not perfect, and as time passes by, many problems have occurred, which has exposed the weakness of the regulation of administrative legislature.This thesis is written under the above-mentioned background. It starts with the general theory on administrative legislature and its procedure regulation, with the discussion of the necessity of administrative legislature from the theoretical point of view, and the problems occurring in it, it puts forwards the possible means of procedure regulation for administrative legislature based on the analysis of the principals of it. The theoretical study in this thesis responds to the reality and beyond the reality as well.