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Research On Inspection System Of Documents Of Administrative Norms

Posted on:2011-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:D X CaoFull Text:PDF
GTID:2166360332955538Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Documents of administrative norms below Administrative rules play a very important role in the rule of administrative law. For the construction of administrative law comes later in our country, the person treats consciousness still dominates in the practice of our country's construction of law. So many scholars have been studying the control system of illegal documents of administrative norms, though violation of law by documents of administrative norms has never been kept down. So it is very imperative for us to deeply discuss the control system for illegal documents of administrative norms under the background of constructing a country rule by law.At present there are such kinds of methods below to control and supervise the documents of administrative norms, supervised by organ of power, supervised by administrative organs and limited supervision by judicial authorities. From current situation we can know there are so many defects in the current control system of documents of administrative norms by organs of power. So such system can't achieve the aim to keep administrative documents from violating Constitution and laws. Same defects exist in the control system by administrative organs themselves. Supervision by judicial authorities also can't come into play under restriction by current political system. But scholars'research on controlling documents of administrative norms never stop, they achieve so many results that are beneficial to construction of government rule by law. We can see such research results provide theory basis for construction of effective control system against illegal documents of administrative norms. But it is still a little difficult for us to build judicial review system in the near future.This thesis relates and analyzes the concept, characteristics and the current situations about the documents of administrative norms in our country with the key point of documents of administrative norms below administrative rules. In this thesis we also can learn the advantages and disadvantages of current supervising system. The author provides his own viewpoint for improving current supervising system. The author thinks all the documents of administrative norms below administrative rules should be included in the range of judicial review. All the documents of administrative norms except administrative rules, administrative laws and regulations should be included in the range of supervision by organs of power and administrative organs, structuring a supervising frame by organs of power, administrative organs and judicial authorities.The content frame of this thesis goes as follows,The first part is named after summary of documents of administrative norms, introducing the basic questions as definition and characteristics with some illegal documents of administrative norms.The second part is named after current situations of documents of administrative norms in our country, introducing the status, questions and reasons.The third part is named after scan of current supervising system of document of administrative norms, introducing the current supervising system, its defects and the reasons.The fourth part is named after improvement for current supervising system, analyzing the property of illegal document of administrative norms, providing author's viewpoints for improvement of this system.The fifth part is named after establishment of judicial review, analyzing the necessity and feasibility for our country to construct such system and providing his viewpoint.
Keywords/Search Tags:Documents of administrative norms, Supervision by congress, Supervision by administration, Judicial review
PDF Full Text Request
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