The Research Of Administrative Rules

The research of administrative rules is always a hot spot of administrative theoretical research, in my opinion, because of the legal nature of administrative rules is not clear,it has many problems. Therefore, the main purpose of the thesis is give administrative rules an accurate positioning, on the basis of this,the research and definition of other issues such as the validity of administrative rules,whether the sources of administrative law, legal status of administrative rules is easier. The thesis is divided into five parts:The first part is the introduction part, leads to the question to be discussed in the thesis.The second part start from the name of "Generally binding decisions and orders besides administrative legislation",I believe,the best name of "Generally binding decisions and orders besides administrative legislation" is "administrative rules".Then point out the dilemma which brought by the legal nature of administrative rules is uncertainty,introduce and review three kinds of theories about legal nature of administrative rules.on the basis of analysis the distinguish standard between legislative rules and internal rules from five countrys which is France, Britain, Germany, the United States, Japan.point out the distinguish standard between legislative rules and internal rules is provides the rights and obligations of citizens or not.combined with the classification of administrative rules,point out that administrative rules,which provides rights and obligations of citizens,is a kind of administrative legislation.The third part point out the problems administrative rules have are mainly in terms of the body of legislation, the permission of legislation,the procedure of legislation.give some recommendations to the normalization of administrative rules.We should reduce the administrative rule-making subject, define the permission of legislation clearly, and improve the public participation process.The fourth part analysis the validity of administrative rules, point out administrative rules and administrative legislation which formulated by the same body have the same effect.and analysis administrative rules is the source of administrative law or not, point out the sources of administrative law only can be understood in the sense of justice. From this perspective, the source of administrative law include only law, administrative regulations and administrative rules which formulated by the State Council, local regulations.then analysis the legal status of administrative rules which formulated by the State Council,point out it is the legal basis of specific administrative action in administrative management.In administrative litigation, the defendant can give it to the court as the legal basis; but only administrative rules which formulated by the State Council can be the basis for administrative trial;the citizens can bring an administrative suit if he is dissatisfied with the administrative rules.The fifth part is the conclusion part of the thesis.