On The Legitimacy Of Administrative Regulations

In China, administrative regulations play an essential role in building administrative country by law because China is the country in which executive power is very strong and its government decree and administrative power are from administrative regulations. However, comparing with their role, administrative regulations have many defects that refers to the main legislative body is chaotic, efficiency and ranks is unclear, the legislative procedures are random and in the process of legislation various types of administrative organs exceed authority, strive for the power and benefit, omit their obligations so that citizen's right and the freedom have been encroached upon and the government building by law has been hindered. The thesis, from the angle of administrative regulations legality and using empirical analytic method, value analytic method, semantic analytic method and history analytic method, completely elaborates the system value and the valid dilemma of administrative regulations and what and why. And then based on the current status of the administrative rule of law, the thesis systematically studies the legality protection of administrative regulations.The thesis is made of five parts.In the first part it raises the legitimacy question of administrative regulations which is mainly studied in the thesis by analyzing several far-reaching administrative cases.The second part is on the research of basic theory of administrative regulations. After demonstrating the headings, then the thesis elaborates their denotation, the characteristic and their classification, and then it has limited the legitimacy concept and the legitimacy judgment standard; finally it has promulgated the administrative regulated document legitimacy research significance.In the third part the thesis has elaborated the questions which administration regulated document is facing. The questions are chaotic formulation main body, numerous and disorder standard items, unclear valid steps and subjective formulation procedure.The forth part is on the factors which influence the legality of administrative regulations. Analyzing from macroscopic aspect and microscopic aspect, subjective aspect and objective aspect, the thesis thinks the factors are complex legislative and the administrative system level, administrative regulations themselves limitations, administration lack of service concept and imperfect monitoring system.In the last part the thesis has analyzed the legitimacy protect mechanism of administrative regulations. Based on the legislative reality and institutional building, the thesis thinks that firstly the legality foundation should be laid for administrative regulations themselves, secondly legitimacy prevention mechanism which includes democracy participation procedure and legitimacy examination should be built up, finally legitimacy prevent governance mechanism should be improved as soon as possible which includes legislative, judicial and administrative oversight mechanisms.