Improving The Supervision Of Our Authority To The Executive And The Legislature

Production and development that the administration legislates are that the new or old thought collide fiercely, the important result that changed happens in the national government's function. The administration legislates to break through the constraint in traditional ideas governed by law such as"separation of powers","administers the state according to law", etc. to a great extent, met the need of the social development in time. However, the administration legislates in the concrete practice, really have all sorts of defects, just as what Montesquieu have said:"As the legislative power and executive power are concentrated on with a person or same organ hands, freedom has passed out of existence; Because people will fear this king or parliament makes the brutal law, and carry out these laws brutally". The administration legislates to make executive power of administrative organ and legislative power rolled into one, delegated legislation pose threat to democratic politics, it make important item should to accept opposition to disclose and freedom forum withdraw in their from them, and the backstage of administrative organ of the committee determine. In the 1930s, Germany destroyed the system of Weinarer Constitutions completely through the form that the administration legislated, have establish the regime of German Hitler fascist, has brought the unprecedented disaster to Germany and even the world. So, the western countries, in the theory of breaking through traditionally, while carrying on the administration and legislating in a large amount, have to seek one set and protect its doctrine measure of constitutional government in the existing political system again, set up administration's legislative supervision mechanism, legislate to the administration Control, so,"the existing question is not to need delegated legislation or not, but which kind of control is taken and ensure the means, so that the right awarded is not abused".Since reform and opening-up, our party and country is summarizing the experience and lessons of running a country constantly, pay close attention to the construction of democratic politics. The legal construction of more than 20 years, has achieved great success, especially administrative legislation, have made the staggering success especially. Our country successively issued a large number of administrative statutes, administrative ruleses. At present, thousands of administrative statutes which the State Council made, departments under the State Council and there are up to several ten thousand rules which local people's governments that make right of rules made. The administration of so huge quantity legislates, the social relationships adjusted involve the national defence, diplomacy, public security men, the customs, judicial administration, finance, tax revenue, audit, work, personnel, finance, each field such as insurance, foreign trade, post and telecommunications, education, construction, science, culture, hygiene, civil administration, environmental protection, controlling, national affairs and family planning in urban and rural areas. The extensive administration legislates to promote and administer the state according to law for standardizing government' s power, promote the government to manage, impel the administration to be high-efficient, motivate the government and care about ruling by law and human rights, playing a positive role. However, lack the functions and powers controlled and legislate to cause the legislation analogous to the intensity to swell, it is difficult to initiate the power in various degree to expand with the delegated legislation of the rule bunch. In this way,"administrative legal norm conflicts, conflicts the phenomenon and rolls over low majestic one of the administrative law inconsistently and; The good green bristlegrass of administrative legal norm differs, improper profit Consider, aggravate the relative people's burden, block the legislative defect that the right maintain and realize in benefit, have reduced the grade that the administration legislates. Advocate the administrative fields of the spirit of the times governed by law and human rights values day by day, the government has been legislating and improving the question and has already been fixed one's eyes on.The administration legislates to be the most influential abstract administrative behavior of rights and obligations to the relative people of particular administration that an administrative subject is made. In order to guarantee the legitimacy that the administration legislates, make the administration legislate to respect the legitimate rights and interests of the relative people of the administration, it is necessary to legislate to carry on overall supervision to the administration. Really there is a legislative supervision system of a set of administrations too in our country, this reflects it in relevant regulations in laws such as"constitution","legislative law","local rules of organization"and"Administrative Procedure Law",etc., weakness of the supervision with extraordinary efforts that but that one's own existing problem of administrative legislative control of our country makes the administration legislate. Scrutinize the legislative supervision mechanism of administration of our country again, proceed with organ of state power, use foreign and advanced system and experience for reference, combine one's own national conditions of our country, improve the legislative supervision mechanism of administration of our country, have already become the great realistic problem that the administrative law circles have had to think deeply.