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Administration Normative Documents Study On The Examination And Supervision System

Posted on:2010-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:L H ChenFull Text:PDF
GTID:2166360275460675Subject:Constitution and Administrative Law
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The regulatory documents of administration are executive authorities to implement an important basis for administrat- ion.The administration of legal norms play an important role in refining and added that in practice the administration, but because of lack of relevant legal systems and lack of theoretical research has led to some administrative normative documents themselves, there are many questions, and even its serious unreasonable even illegal. Without the appropriate administrative normative documents, its hazards are enormous, as the abstract behavior of administration, which will be at a longer period of time must affect the region and the interests of tens of thousands of people, and may even endanger the social stability. Therefore, it is necessary to strengthen normative documents of administration examination and supervision of research, administration makes the effective normative documents regulating the system, thereby giving fall play to their effectiveness.In this paper, the object of examination and supervision is introduced, the administration an overview of the normative documents. Author introduced the legislation on ourcountry on the administration of the provisions of normative documents and academic scholars of administrative normative documents different interpretation of the name, through a comparative analysis of a variety of names, other than the executive and the legislature to consider the universality of the rules should be summed up as administrative normative documents, the name more appropriate. Normative documents administration has broad and narrow meaning of the points, this paper is a broader interpretation. Clearly the name and content, there is in favor of seizing the administration of characteristics of regulatory documents and their classification. Then points out the normative documents of the administration in our country the important role of the administration.The second part of this article points out administrative normative documents formulate the main a bit confusing. Normative documents on the administration should be comprehensive and multi-level, but because of the importance of supervision and inadequate understanding of the review and the related lack of specific supervisory system specific operational system design, resulting in the entire monitoring system ineffective. Legislative oversight at all levels, mainly through the Standing Committee of the normative documents of the administration to review the record to achieve, but legislative oversight mere formality. Administrative review system in an indirect way of collateral review is not conducive to the protection of people's legitimate rights and interests relative; administration record review only the relevant legislation provisions, but the lack of specific legal provisions, the record is only a mere formality; administration normative documents cleaning is not included as a statutory executive job duties. Administrative Procedure Law in China directly to the abstract administrative actions to exclude the scope of judicial review, the court of administrative normative documents only very limited supervision, namely the right to select the application and should not make the law or even revoke its recognition of their decisions, loss of judicial oversight.This article describes the third part of the rule of law in developed countries extraterritorial administration regulatory documents and supervision of model summarized for reference model. The auther introduce France, Germany, the United Kingdom, the United States. Through analysis and comparison, combined with the reality of our country, the paper pointed out that the three models used for reference, that is, as the main mode of judicial supervision, strengthen supervision in advance, specially set up committee to monitor mode.In this paper, the fourth part of the main administration of our country review of regulatory documents to improve the oversight recommendations. For prior supervision, must be based on the legal form of a clear normative documents administration formulate the main qualifications and competence. For a matter of supervision, and administration must formulate a unified regulatory documents formulate procedures. According to China's existing laws, normative documents on the administration of expost face to review of supervision is key. The right of legislative oversight is mainly expressed in the Standing Committee to supervise the record, but its lack of maneuverability of the system involves, thus this article in order to perfect the supervision of the Standing Committee of the record for the right to focus on design of the system. Must clearly record the scope of the review, record review, agencies, record the time and review standards, the record review methods and review procedures, and so one. Administrative supervision of the main three-pronged approach to improve the first, improve the administration of the review of regulatory documents system; Second, improve the administration of regulatory documents to review the system of filing the legal effect of a clear record, the record review agencies and the contents of the record to review the timing and procedures. Third, the administration set up to regularly clean up the normative documents and the system automatically lapse. Judicial supervision of the sound, mainly by modifying the Administrative Procedure Law, the expansion of administrative proceedings of the case the scope of the Court of normative documents of the administration have Court Administration normative documents of the limited review of the right to development judicial supervision. Strengthening social supervision, and give full play to the public participation and supervision of the news media reported that channel, further broadening citizen participation in administration formulate normative documents to participate in public management of channels.
Keywords/Search Tags:administrative normative documents, legislative oversight, administrative supervision, judicial supervision, the record review
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