Study On Challenge System In Administrative Legislation

Administrative legislation is an important component of national legislation. Many of its content are about administrative activities. Administrative legislation, which is simple, timely and efficient, adapts to modem administrative management requirements. Its content of coverage is very wide and it has a flexible operation. But at the same time, with playing a positive role, there are some problems and defects in administrative legislation. In administrative legislation, administrative organs have legislation and administrative functions. Furthermore, they have a lot of discretionary space in legislation and inevitably they make administrative legislation biased for their own interests. In administrative legislation practice, tending to department interests has become a notable problem, so it has been concerned. In order to restrain the bad influence of department interest in administrative legislation, the exploration and research on theory and practice has been launched. As one of the measures to prevent the inclination to departmental interests, the challenge system in administrative legislation is an effort in legislative procedure system.Challenge system is based on the theory of natural justice principle and the principle of due process. Lawmakers are required to be in the neutral position in legislation, so the lawmakers who have direct interests are cut off in the legislative process. Therefore this system has the important influence on the healthy development of administrative legislation.The characteristics of administrative legislation have decided to establish the relevant system including the challenge system. The subject of the administrative legislation is administrative organs. They have the power of legislation and law enforcement, so they are convenient to figure for the interests and harm citizens' rights. Challenge system has played a positive role in administrative legislation. To begin with, it can set the barrier of procedures for administrative legislation corruption. What is more, it is helpful for the justice of administrative legislation. In addition, it promotes the democratization of administrative legislation.The subject of application in this system is legislator and according to the different situation, the legislator is a unit or an individual. Its time of application is mainly in drafted and review stage. The reasons of application need to be grasped two principles. One is having direct interests; the other is the bias in legislation. The procedure of application includes presenting, review and decision. In addition, the application of challenge needs to be supervised.The establishment of challenge system in administrative legislation can produce positive effects and therefore it is a good system. To overcome the shortcomings of administrative legislation, we should not only rely on challenge system, but also need the cooperation of other systems such as open legislation, legislative hearing, trusted legislation and so on.