Other Administrative Normative Documents Of Legal Norms Theory

Currently, China is striving to establish an institutionalized socialist country. The key to ruling the country by law is administration by law, in which the first step is that all the administrative organs and their staff members perform their tasks according to law. As the administrative law system building develops rapidly, With the rapid development of the building of administrative law system, standard documents outside administrative legislation, one of the most important means for administrative organs to perform their administration and services functions, has contributed a lot to the economic construction and social stability of China. Standard documents outside administrative legislation have exerted their unique function which can not be replaced by other administrative means when administrative organs are enforcing laws, statutes, and policies and when they are fulfilling social management function and so on. Many administrative actions are made based on, directly,standard documents outside administrative legislation.The administrative law circles of our country, however, hold different ideas about the standard document based on which administrative organs perform their administrative function by law. In addition, the administrative law system has not yet been perfected, and administrative organs depend much on standard documents outside administrative legislation in their administration activities. Furthermore, legislative bodies have made no specific regulations on the principle, process and force of establishing standard documents outside administrative legislation, the same is to the treatment of the violation of law and constitution of these documents. In practice, the formation of standard documents outside administrative legislation themselves is based on no uniform rule, and there is no clear borderline between these documents and other laws, statutes, regulations, and administrative measures. When some of the standard documents outside administrative legislation carrying out the country's laws and their higher authorities' regulations and when they are going into details of laws and regulations, thecontents of which outdo or change the original legislative spirit, and also influence the implementation of laws and regulations. The contents of some other standard documents contradict the country's certain laws when they are standardizing those issues which the country's laws have not regulated but need to be solved urgently in practice. Some standard documents are made by those departments themselves for the purpose of striving for self-interests and extending their own powers, the contents of which bear the nature of exceeding their authorities. Some standard documents make some legislations which should be part of laws, statutes and regulations, and some of their initiative regulations are unlawful. Therefore, there are many need-to-be solved problems about the connotation, extension, basis, process, and surveillance of standard documents. Starting with the clarification of the concept of standard documents, and using the methods of contrast and comparison and analysis, this paper, from both the entity and process aspects, explores the main problems and their reasons of current standard documents. Also this paper presents the author's opinions on such issues as standardizing standard documents by means of the country's legislation, and forming the supervisory control model by legislation, administration and judicature.This paper, starting with the clarification of the concept of standard documents, and using the methods of contrast and comparison and analysis, from both the entity and process aspects, explores the main problems and their reasons of current standard documents. Also this paper presents the author's opinions on such issues as standardizing standard documents by means of the country's legislation, and forming the supervisory control model by legislation, administration and judicature.With over 600000 characters, this paper consists of four parts besides the introduction and postscript.Part 1.Basic theory researching of standard document outside administrative legislation.This part speads from analysising thedifference in admin istration,compares to the concepet of other legislative standard documents,and analysises four theories of standard document outside administrative legislation,Comparing domestic to abroad,realizes the charactoritic and importance of standard document outside administrative legislation.At last concludes the scientific intension of standard document outside administrative legislation.Part 2.Nowdays the main problem and reason existed in standard document outside administrative legislation.This part explains the main problem existed from entity and procedure.strengtheningpower underplayingright,strengtheningadministration,underplaying service,and serious sectionalism,confusioning legislation,serious arrogation in entity.Strengthening entity,underplaying procedure,lacking procedure rule,more principle,less operating,exists logical defect in superving system in procedure.From above finds the main three problem in standard document outside administrative legislation.That is, idolum reason,and provide reasons for regulating standard document outside administrative legislation further.Part 3.The legislative regulation of standard document outside administrative legislation.This part major summing up the viewpoint about standard document outside administrative legislation,and on the basis of analysising the reason why standard document outside administrative legislation exist. At last uses country legislation to regulate the standard document outside administrative legislation,and raises the specific way to definite the principle,to definitude the purview,rules the potency and application.reflects its value,and consummates its ordaining procedural rule.Part 4.Establishment of standard document outside administrative legislation.This part aims directly at the problem and reason exist in standard document outside administrative legislation.Basises on the system exist,the writer raises seven ways to establish the standard document outside administrative legislation.that is,setting up modern administration concept,strengthening the procedure of the personconcerned joining in,consummating legislation laws,setting up more regulation of standard document outside administrative legislation, consummating the supervision of power department,administrative department,and judical organizations.consummating the system of personal responsibility of standard document outside administrative legislation,So that the standard document outside administrative legislation becomes more scientific and systematic.At last,we should point out that if only to consummate all the systems of standard document outside administrative legislation,to strengthen its supervision ,and solving more problems exist,the standard document outside administrative legislation will become more functionary in consummating socialism marketable economics,in founding lawful government,and in setting up harmonious society.