A Study On Administrative Rules In China 's Administrative Law

Administrative regulations play an important role in Chinese administrativemanagement. however，this topic has not been in-depth researched. This thesis takesCSRC as a sample to elaborate categories and causes of Chinese administrativeregulations, and proposes a roadmap about how to improve and perfectadministrative regulations. The thesis can be divided into four parts.In part one, although a socialist system of laws with Chinese characteristics hasbeen established, empirical data shows that the coverage of administrativeregulations expands. Through sorting out Chinese administrative laws and StateCouncil’s important documents which promote administration in accordance to law,it can be concluded that administrative organizations’ rulemaking authorityconferred by law is shrinking, and requirements of State Council on administrativeregulations become more and more strict and specific. The conflicting situation isobvious.In part two, this article takes CSRC as a sample to introduce the scope andprocess of enacting and supervision of administrative regulations, and dividesadministrative regulations into guiding rules, innovative rules, explanatory rules,technical rules and standards, discretionary standards, Internal rules with externalimpact, invoking rules and so on. This article briefly introduces the generalsituation of administrative regulations of different levels as well.The third part analyses causes of numerous repetitive inconsistentadministrative regulations. It can’t be simply attributed to administrativeorganizations’ authority abuse. There are various factors including the economicand social development and the expansion of executive power, insufficient supply ofthe legal system, especially unusual factors in transition period, such as the effect of“ruling by humanity”, the relationship of government and market, the boundary ofGovernment’s responsibility and so on.Considering current political-economic transition and transformation ofgovernment functions, and the status quo of distribution and operation of powers, inpart four, this article proposes framework to improve and perfect administrativeregulations: principle-based rulemaking,proper judicial review,detailedadministrative management, internalized external supervision.