On Prevention And Control, The Interests Of The Executive And Legislative Departments

From the current situation of administrative legislation in our country, the enactment and drafting of the administrative legislation are mostly completed by the administrative departments because the impact of legislative system and administrative system for a long time. The cases such as leaning towards departmental interests, harming the interests of objects of administration which occur in the entire legislative process are criticized by the whole of society and the vast majority of citizens. In this article I tried to explore the effective ways which could prevent and control the departmental interests in administrative legislation by analyzing the performances, harms, causes of it and thinking of the countermeasures of it, hoping to make the administrative legislation more scientific, more democratic and more standardized. This paper is divided into four parts.The first part mainly introduces the concept of administrative legislation and the concept of the departmental interests in administrative legislation. Administrative legislation is the activities of formulating administrative regulations, departmental regulations or other administrative regulatory documents, and it is performed by the state administrative organs and the institutions with administrative functions by right of the statutory authority or authorization in accordance with legal procedures. The departmental interests in administrative legislation is that some administrative departments and the institutions with administrative functions overemphasize their departmental authority and interests in the draft and try hard to maintain, to consolidate and to expand their departmental authority through the legislation by using the national legislative resources when assisting the country, the local organ of power and the government to make the rough rules, the laws and regulations, and simultaneously they reduce and attenuate the responsibility and the duty which they should undertake as far as possible. These can be summarized as follows: administrative authority tends towards departmentalization; departmental authority tends towards being profitable; departmental interests tend towards legalization.The second part mainly describes the main performances and harms of the departmental interests in administrative legislation. The performances are as follows: overemphasizing the departmental interests, strengthening the power of departments, regarding the legislation as a tool and means for the effective management, meanwhile ignoring the protection for the rights and freedoms of citizens; the departments take the protection and expansion for the power and interests of themselves as the objective of the legislation, setting inequable rights and obligations for the departments and the objects of administration, and no consideration of the needs of the public interests. The main performances of the harms are as follows: destroying the unification of legal system; damaging the dignity and the authority of law; damaging the interests of our country, society and citizens; becoming the protective umbrella of some local authority and departments, giving rise to legislative corruption.The third part analyzes the causes of the departmental interests in administrative legislation. The causes are as follows: the administrative legislation is not opening to the outside world and the main body of administrative legislation has the special status; the administrative legislative procedure and the legislative hearing system is not yet perfect; the supervision of administrative legislation is idle; the present financial operational mechanisms is not sound, the tax distribution system causes the local financial resource to be insufficient.The fourth part mainly ponders the institutional precautionary measures against the departmental interests in administrative legislation. Through inspecting and analyzing the process of administrative legislation, I'd like to suggest that we should start from the measures as follows: the consummation of the administrative legislative procedure, strengthening the supervision of administrative legislation, the standard of financial operational mechanisms, strengthening the coordination between different departments.