Other Documents Of Administrative Norms On Legal Issues In China

Currently, China is striving to establish an institutionalized socialist country. The key to rule the country by law is administration by law. The first step is that all the administrative organs and their staff members perform their tasks according to law. As the administrative law system construction develops rapidly, other administrative regulations, one of the most important means for administrative organs to perform their administration and service functions, 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. However, there is still no effective restriction in legislation. The main problems include indetermination of formulation organ, undefinition of formulation power, undecision of regulation title, lack of formulation procedure, conflict between regulations and ineffective supervision; Also because of simplicity in the formulation, authorization, issue, file, supervision, the administrative organ nearly at any time, any domain may issue other administrative regulations to any item, as soon as these regulations are passed through, they become effective. And it has the direct binding force to the relative person and the administrative organ. Once this regulation violates the constitution, law, its hazard is the most direct and obvious. Therefore, there are many necessary problems about the connotation, extension, basis, process, and surveillance of other administrative regulations to be solved.Beginning with the clarification of the concept of other administrative regulations. This article uses the method of comparison and analysis, to explore the main problems and their reasons of current other administrative regulations from the entity and process aspect, and propose specifically the feasible solutions and measure to these questions. This article consists of three parts besides the introduction.The first part begins with analizing the difference in administration, comparing with the concept of other administrative regulations, by realizing the formulation organ, procedure, form, content and potency of other administrative regulations. At last it concludes the scientific intension of other administrative regulations.The second part explains the main problem existing in entity and procedure. The entity regards power, despises right, regards administration, despises service, and has serious sectionalism, confusion legislation, serious arrogation in entity. Chaotic procedure, proof procedure, examination procedure, announcement procedure, exists in procedure. You can find the main three problems in other administrative regulations from above. That is, idea flaw of advocating law, motivation of non-right benefit, weak supervision and providing reasons for regulating other administrative regulations.The third part aims directly at the main problem and reason existing in other administrative regulations. Basics on the present system exist, this article raises four ways to establish other administrative regulations. That is to establish a uniform other administrative regulations system, to strengthen a judicial surveillance, to construct other administrative regulations, to reconsider the examination system, to establish the responsibility system of the illegal other administrative regulations.The main innovation of this article is ,that in view of our main questions and reasons in other administrative regulations I propose my own point of view in order to establish other administrative regulations in system. Such as administrative reconsideration system in view of our country's administration is one kind of indirect, passive system, it is disadvantageous to protect broad masses' legitimate rights and interests, I propose that we should establish one kind direct administrative reconsideration system. In view of present unification in other administrative regulations formulation procedure, I propose we should formulate " Administrative Procedure Law "to unify the formulation procedure in other administrative regulations. In addition, this article proposes my own point of view in expanding administrative proceedings scope, putting abstract administrative action into lawsuit scope and so on.