The Administrative Normative Documents Formulated Misconduct And Relief

At home, the administrative standard documents presented itself to the view of law with the administrative reconsideration law. Enforced on october the 1st, 1999, in which the prescript was embraced into the scope of administrative review, incidental review, administrtive norm documentary plays a important role in the administrative prodess. To improve the quality of administrative norm documentary can make the government abide by the laws get the better efficiency of administration and achieve the rule of the law. In this paper, some problems in theory and practice of the administrative standard documents outside administrative legislation are explored in order to make possible the legislation of administrative standard documents in terms of their enactment, application, supervision and redress.The importance of research on administrative standard document is spelled out in the preface, the availability to examination system of administrative standard documents is a key matter of rule of law in administration. Administrative regulating documents are the important basis of the administration. The state should make laws to prescribe the establishment and application of the regulating documents. However, in law practice, the enactment behaviour of administrative standard documents is beyond regulation due to the confused enactment subject and the broken enactment procedure. Now there are many problems in the legal regulation for the losing criterion. We should find out a way to perfect the existing system based on the reconsideration. In the main body, the concept of administrative standard document is defined, the present conditions for the legislation in the enactment behaviour of the administrative standard document at home are presented, the reality that various of administrative bureaux conduct specific administrative acts under the banner of abstract administrative act is discussed. Such behaviour infringe the legitimate fights and interests of citizen, corporation and organizations, besides, the successful practice of regulating administrative standard document of abroad such as UK, U. S. A, France, Germany are introduced in this paper. At present, the measures to ensure the lawfulness of the administrative standard document in our country including administrative review, incidental review, administrative litigation, enactment procedure standardization and so on. In the institution of enactment procedure standardization, some advanced concepts such as beforehand review, publicity, responsibility investigation were mentioned. Although we have had some gurantee measures concerning the enactment of administrative standard documents, some shortcomings are inevitable, to great extent, administrative review means rectifying interior erratums, but the credit is always beyond reality. And administrative litigation institution directly excluded abstract administrative act from the scope of review, leading to the situation that illegal enactment of administrative standard document can not be circumscribed by jurisdiction, to reach solution, governments of thirty-one provinces and cities sequently enact concerning procedure regulations. After statistic of the similarity and individuality in fitly-four documents, combining with the research achievement of the administrative theory circle, they come up with regulation of Administrative standard documents enactment procedure, with the hope to contribute to the correctness of administrative standard documents' enactment procedure. By the way, this paper proposed the possibility that judges may devote to embrace administrative standard documents with judicial review, but in want of the judges' courage and wisdom, it is hard to advocate.On the basis of the these studies, legislative construction of regulating administrative standard document at home is made. In the concluding remarks, the significance of studies on administrative standard document inadministrative jurisprudence and administrative legal system is stated and summarized. At last, the auther presents his bafflement and some problems may exist in mind.