Study Of Legal Restriction On "Other Administrative Regulations" In China

"Administration by law" is becoming the principle of exercise of administrative power and a main part of the construction of a socialist country under the rule of law. "Other administrative regulations", as one of the important measures in administration and public service, have played an irreplaceable role and contributed positively to our economic development and social stability. Specific administrative act of an administrative organ is based not only on laws and administrative rules and regulations of the State Council, the people's governments of provinces, autonomous regions etc., but also on "other administrative regulations". However, there is still no effective restriction in legislation. The main problems include indetermination of formulation organ, undefinition of formulation power, incomplete of regulation title, lack of formulation procedure, conflict between regulations and ineffective supervision. These regulations take effect as soon as they have been issued. As a result, it is more likely for them to violate the Constitution and laws. Especially, some local governments and organs collect fees arbitrarily, mete out unjustified fines, apportion illegally, carry out regional protectionism, or even infringe private freedom and property by formulating that kind of regulations. As everyone knows, it is essential to restrict administrative power; especially those closely related to private rights to achieve our aim of administration by law and building up a country of...