Research On Other Norm Documents Under The Background Of Administrating According To Law

Other norm document (be so called a document) has an important function on the progress of administrating according to law in our country. But in the fulfillment, because of its disunity of name, confusion of connotation, imperfection of establishment procedure, powerlessness of inspect, plus the inflation of the administration power, other norm document usually becomes the tool that administration organization extends the administration power, infringes the citizen right. Thus, to say on the certain meaning, other norm document becomes the fetter of the progress of administrating according to law.The study on other norm document is gradually turning deeply now. The academic circles are carrying on beneficial study on the related theories and fulfillment. But the study is not concentrated, for other problems that other norm document produces in realistic life circulate, more is around on the phenomenon of problem, still lack of theories analysis of the thorough system. It is a blank to make other norm document law systematize.Owing to this, the writer tries to regard the basic theories of administrating according to law as analytical frame, use norm analysis, case analysis etc, re- comb the theories such as connotation, position and function etc, and through the investigation of the present condition, overall analyze the problem of other norm document in our country, draw lessons from outside the area, deeply study the path and measures that improve the quality of other norm document, to expect to have the benefit to overall push forward administration of law and construct the rule of law government.The writer gives other norm document a new connotation, and investigates the way of rule system and adjustment of other norm document in this paper. He gets three characters of the way of rule system and adjustment of other norm document: surplus, random and weak catholicity. Based on these characters, the writer re- generalizes the functions of other norm document. This paper emphasizes to establish the system that can best develop the function of other norm document. The writer combines the Chinese state of the nation also according to the basic principle of the administrating according to law and advanced experience outside the areas, putting forward three conceives: Perfect related procedure construction; Strengthen the judicial supervision; Establish responsibility system of illegal other norm document.