Study On Supervision Of Local Administrative Legislation

Since reformation and open especially joining WTO, the local administrative legislation has got rapid development, and the situation that there is no legal system to be depended on has gone for ever.In the aspect of local administrative legislation, administrative authority as well as local administrative authority of legislation, is expansive in essence. In the period of prosper and development of local administrative legislation, administrative authority expanded rapidly by legislation. Because of the out-moded traditional theory of management,drive of interest,imperfection of supervising mechanism of legislation,common interest relationship and the legislator having no duty in legislation and so on, which lead to the expansion of local administrative authority,the expelling to right,confusion of interest between common and state,undemocratic process of legislation and neglect of administrative procedure. The undemocratic process of legislation, appear on the stage of motion of legislation,constitution of drafting personnel and the stage of seeking opinion.The expansion of authority would damage the right, and the authority out of control would lead to corruption eventually. Therefore, it is very necessary to supervise the process and document of local administrative legislation. Foreign country has provided us many models and abundant experience in the field of supervision of local administrative legislation, but we must choice appropriate ways according to national condition. It is imperative to choice effective model to supervise firstly, because of different result,and other models would also be put to be use.Our country is a socialist state, and people are the master of the state. Administrative organ is the institution to serve the people, which should not has any privileges. It is a equal and cooperative relationship between the administrative organ and the relative person,but not that of the relationship between managing and being managed. Currently, our country should strength socialist democracy and legal system, perfect concrete supervising system, and make people has more opportunity and condition to participate in supervising work of local administrative legislation, In the mean time. Authority organ and administrative organ should also perfect its supervising system, make which to give play to its real supervising function.