Law Of Local Administration Organizations, Research And Improvement Of Countermeasures

The legal system in local administrative organization is an important part in the whole Chinese legal system. Many years since, the academic circle of the administrative law have paid too much attention to the administrative subject theory and ignored the administrative organization theory.Indeed, during the transplantation of the administrative subject theory from the western countries both the practical department and the academic circle of the administrative law misunderstood the essential spirit of the administrative subject theory.There exist in the Chinese local administrative organization legal system a lot of flaws. The major flaws about the legal system in local administrative organization are mainly lying in the aspects below: the establishment of the organ in the local administrative organization, the allocation of the power and responsibility of the local administrative organization, the leading system, and the personnel allocation of the local administrative organization.The perfection of the legal system in local administrative organization depends on a systematic renovation plan. Firstly, our state shall amend the constitutional law and affix the status of the local administrative organization. Secondly, our state shall formulate . Thirdly, the local National People's Congress and the local government which own the legislative power shall formulate the local regulations and the local rules further to specify the principle norms in the constitutional law and .Last but not least important, there ought to be a systematical implemental mechanism to make sure that the legal system in local administrative organization should be put into practice.