The Theoretical Discussion On Improvement Supervisory System Of Provincial Government Regulation In China

Provincial government regulation is used as the most important means for provincial governments to process their administration. It has played a very important role in remedying the lag and lack of legal provisions. Certainly, it can enhance the operability of the law. Because of local interests, provincial governments often make use of their power to formulate provincial government regulation to randomly expand its sphere of competence, incorrectly limit the rights of people, violate the legitimate rights and interests of people relative. So, there are more and more illegal provincial government regulations in recent years. Spirit of rule of law also requires that administration should be restrained. However, our administrative review system will be part of the provincial government regulation only in the scope of the administrative review, administrative litigation entirely exclude judicial review of administrative regulation, and lack of oversight bodies right operability. This makes many illegal provincial government regulation exist, and impacts on our country's process of administering the country according to law. This article begins with the basic theory of supervisory system of provincial government regulation, analysis the main problems of supervisory system of provincial government regulation, absorbs other countries to supervisory system of provincial government regulation, and improves our supervisory system of provincial government regulation.The researching methods of this thesis are to combine the theory study with demonstration one; to unite the macroscopic analysis with microcosmic one, to integrate the vertical analysis with horizontal one. Except for the introduction, it can be divided into four parts:In the first part, the author deals with the basic theory of supervisory system of provincial government regulation. It includes provincial government regulation concepts, main features, supervisory system concepts and supervisory system of provincial government regulation concepts. At the same times, the author details its meaning of the improvement of the supervisory system of provincial government regulation.The second part goes to analysis the present status of supervisory system of provincial government regulation in our country.The third part provides an overview of provincial government regulation abroad supervisory system. The United States, English, France and Japan are introduced.The last part further improve supervisory system of provincial government regulation several recommendations. This part is the most important one in the thesis. According to the content we have explained and our country's situation, we should take the following measures to improve supervisory system of provincial government regulation. First, the Provincial People's Congress should set up committee of superintendence of provincial government regulation. Second, we should improve our country the system of administrative review. Finally, we should actively and steadily form the system that some courts have right to review provincial government regulation.