Font Size: a A A

Research On The Supervision Of Department Regulation Of State Department

Posted on:2008-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:X H ZhangFull Text:PDF
GTID:2166360242459152Subject:Law
Abstract/Summary:PDF Full Text Request
The department regulation of the State Department, as one of the important part of the centre administrative legislation, has its own particular trait. It plays an indispensable role in implementing law and administrative law ,as well as in regulating the administrative affairs in the department authority scope .At the present time , administrative legislation take a majority proportion of the legislation quantity, also the department regulation of the State Department is in the majority of administrative legislation. The large quantity department regulations of the State Department regulate a great deal of social behaviors, which relate to every aspect in peoples'life. We have to admit that there are contradictions and conflicts between law and department regulation of the State Department. The department regulation of the State Department inclines to department interest, and the phenomena that low level law contradict the high level law and legislation exceed its authority appear frequently. It lack harmony in legislation, that bring about lag in cleaning or emending or abolishing the regulations and low quality of legislation in department regulation. Our country has established supervision system in law, but the practically acting is not a satisfaction. There is a lack of law control concept and effective supervise subject. The procedure of intendance in different layer is not consummate, and the process is not open. The procedure of the State Department legislation is short of democracy and publicity. There are deficiencies in People's congress Council surveillance, social surveillance, different level surveillance and judicature surveillance, all these things cause that present surveillance system cannot realize the function of effective surveillance on department regulation. Therefore, a new survey on the system of surveillance on department regulation is a question we have to consider.On the base of comprehending connotation of department regulation of State Department,the author has saw about the actuality of surveillance on department regulation and analysed the problems.First, the author bring forward the measures that branches of the State Department need to enhance the idea of law rule, holding executing administrative affairs by law and the principle of essential law rule and procedure justice. Dispose the relation between equity and efficiency,the relation between cost and benefit,as well as the relation between positive administering and the guvenment function transforming, construct the supervision train of thoughts and administrative legislation in the order of law rule. Second, we have to clear about the requests that the State Department have to satisfy as an inside supervising body, such as making a definite standerd of recording changing and withdrawing ,evaluating the law making and building responsibility system of law making and law making supervision. Above all this, we have to put department regulations into the range of administrative reconsider, thus we can utilize and consummate the surveillance system of department regulation supervising. Third,we should advocate making law on the table, building the system of"legislation challenge", paying attention to scientific resort in legislation, evaluting and supervising after implementing of the law, establishing supervising system of democratic joins in the State Department legislation. Meanwhile, we have to bring department regulation into the mechanism of judicial review or irregularity review, therefore the extention of supervision by National People's Congress will extend to the level of department regulation,and the supervision by organ of state power will be enhanced. Last, the auther suggests to amend administrative procedural law, bring normative document under the level of department into the scope that administrative procedural law reagulating and boraden the range of lawsuit attender. The author also suggests to establish provision about commonweal administrative lawsuit, confirm the qualification of accuser, establish the provision of add other people join into the commonweal administrative lawsuit as third party, thus a thorough and comprehensive mode about judicial review of department regulation will be built.
Keywords/Search Tags:the State Department, department, regulation, legislation, supervision
PDF Full Text Request
Related items