Research On Administrative Legislative Supervision System In China

Administrative legislation refers to the making of behavior rules that are universally binding, according to legal authority and procedure, by the State Administrative Organs, which have the administrative authority. Administrative legislation, a product of the development of society, plays an indispensable and important role in making up for the inadequate legislation for authority, promoting the development of economy and society, stabling social order, etc. thus, regarded as one of the important means of administrative management by governments around the world. At the mean time, the springing of administrative legislation has witnessed many problems in administrative legislation itself. Its defects and negative effect has been increasing, such as excessiveness and conflict of legislation. Especially, it is not uncommon that some administrative legislation has changed into the tool of"legalization of department interests"and"legalization of infringing rights"under the pretence of safeguarding the public interests, and meeting the administrative management needs, seriously violating the legitimate rights and interests of citizens, legal persons and other social organizations. Therefore, in order to fully play the positive role of administrative legislation and meanwhile, to prevent the misuse of administrative legislation for citizen rights and interests of the possible damage, modern nations have formulated a series of system of administrative legislation to impose supervision and control.In China, although a series of related legislation law and administrative legislation supporting procedure rules has been promulgated and a set of control and supervision of administrative legislation system formed, the relevant laws and regulations are baseless, lacking a sound powerful supervision mechanism and operable procedure system. Additionally, judicial review of administrative legislation supervision and the limitation of the current supervision mechanism prevent the present supervision mechanism functioning effectively. In order to safeguard the lawful rights and interests of citizens and guarantee of socialist legal system's unification, China should combine with a specific conditions, and the absorbing foreign outstanding system and rich experience, strengthen and perfect the administrative legislation of various control and supervision mechanism by normative administrative legislation, enhancing monitoring and expanding the National People's Congress, strengthening judicial review of administrative supervision, thus to draw on the advantages and avoid disadvantages fundamentally, and better serve our country's law construction.