The Study Of Interest Expression Mechanism In Administrative Legislation

With the needs of social development, administrative legislation in the world has been a common phenomenon. Administrative legislation is a part of their legislative power of the legislature. However, due to existence of a strong executive and the legislature of the policy orientation, reasonable procedures often can not be guaranteed. The content of legislation appears unreasonable. Therefore, it needs to strengthen legislative oversight. From the legislative theory and practice, the most effective legislative oversight is the participation of people and supervision of the National People's Congress.Right is used to control power. People have the right to express the interests in the legislative process. It is based on theory and Legal norms. Generally speaking, there are four theories-the essence of law theory, natural justice theory, beware of the theory and the right of expression. In China, the right of the public interest expression can be seen in constitution, legislative law and two administrative regulations. It is a hard work to establish the public interest expression mechanism in the legislative process. It has to resolve problems-the main body of expression, the load of the interest and effective means of expression. Then it is time to design the procedural system.NPC's supervision is an expression of national interest. This is the expression of national interests in order to avoid the abuse of administrative legislation. NPC's supervision can be divided into prior-supervision and after-supervision. Prior-supervision includes legislative approval Mechanism, the observers and the Ombudsman. After-supervision is mainly refers to the record review system.However interests always vary from person to person, it needs mechanisms for integration. The public interest, the interests of vulnerable groups and survival of interest should be in the interests of a priority.In addition, it needs to build the challenge system in administrative legislation process to guarantee the fairness and democracy of the legislation.