On Departmental Benefits Of Local Legislation

This paper is divided into three parts:preface,text and conclusions.In the preface,the paper firstly introduces the reason of writing.Aiming at the local legislation practice appear extensively departmental interests in the phenomenon that administrative law has made a thorough research. Secondly, this paper introduces the research on the basis of local legislation department interests content defined, the core problem is to local legislation in legal control department interests. Based on the theory and empirical two perspective, and combined plenty of local legislation practice cases and data, to departmental benefit of the local legislation to research focuses on solving problems, aiming at its reason key part puts forward some system to solve the inclination to departmental benefit, in sum up our experience and combining with the investigation results is proposed, based on the local legislation for management department interests problem feasibility Suggestions.In this paper, the main part is divided into four chapters.The first chapter of local legislation, department of the local legislation interests and analyzes the connotation of departmental benefit. Our administrative law theory about the connotation of local legislation views are not uniform. Controversial about the reason for the local legislative subjects difference in the understanding of local government, whether to include in the rules they enact and National People's Congress formulated about places (such as special economic zones), some of the laws whether belongs to the scope of local legislation. Our country to department interests questions research started relatively late. The author thinks that government departments in representing the public interests outside should not have relatively independent legitimate interests. And the local legislation in departmental interests in specific epitomizes:administrative power branch-rization, department of profitability and departmental benefit powers legalization.In the second chapter, analyze the local legislation in seeking department benefit maximization three forms.First, inappropriate aggrandizement department authority. Based on does not have authority for departments determine the regulation, and each department's powers are in the dynamic adjustments, and quite a number of departments for their own powers is taking steps to improve their attitude. And to win for different object, have to differentiate between department interests can diagram powers such as toll collection right, examination and approval power, power, street-cred; Unprofitable but responsibility heavy powers, and as the plague from inferior as lest. The administrative management practice, once involves department interests, the administrative organ will to, through various positive or negative way to avoid law, do whatever they can to expand this department's power. Secondly, inappropriate add administrative agencies. Some department is not based on the actual work need to set up administrative institutions, but in order to achieve expand administration weaves and increase funds purpose, through the local legislation this way add administrative agencies. Finally, for the departments and administrative relative set it right and obligation. Department through legislation simplified or evade its responsibilities and obligations, have only stipulate power without obligations specified.In the third chapter, local legislation in seeking department benefit maximization analyzes the causes of phenomena. First, departmental benefit driver. "Everyone runs after benefit." As an administrative subject, departments in the legislative process cannot be completely despite interest the decision factors on its influence. Second, the financial system is the objective reason. If interest drive is subjective reasons, then the our country's existing imperfect financial system from the objective perspective of departmental benefit phenomenon has some important role. All departments to expand their fees and fines of scope, leave no stone unturned add oneself fees and fines way. Government departments in fiscal funds of open source to poor, interception is brutally hard. Government departments should not only ensure normal exercise the functions of government, but also maintain its increasingly large operation. Finally, the local legislation program is not perfect. In short of the corresponding program regulation,under the situation of administrative subject years the possibility of existing legislation.The fourth chapter, puts forward some solutions in local laws department interests phenomenon approach. First, establish administrative legislation withdrawal system. The challenge system of administrative legislation, it is to point to in administrative regulations or administrative rules, drafting, evaluation and examination of such processes, and ongoing legislation project has directly or obvious interests of individuals, cannot legislative process plays a leading role, couldn't be more involved in the system. In the local legislation practice, chongqing municipal government is the first attempt legislation withdrawal system of department. After from theory and practice Angle analysis, we can make the conclusion, ChongQing municipal government pushed by the administrative legislation withdrawal system has the jurisprudential rationality and feasibility of the criminal law. Administrative legislation withdrawal system embodies the administrative" authority for their own legislature, control of administrative legislation program is the development and perfection of a breakthrough. In order to effectively prevent and curb administrative legislation departmental benefit of protectionist instincts, must establish in administrative legislation withdrawal system, always directly relates to the legislation of administrative department interests drafting, this administrative departments in principle should be applied to challenge system, nor shall not participate in the drafting, but shall be presided over by the organs of state power or entrust a specialized committee related aspects of experts and scholars act drafting. Administrative legislation withdrawal system is a contains multiple important value system, which has practical significance are embodied in administrative legislation, they also involve executive power in many fields of the operation. Specifically, the value of administrative legislation withdrawal system with diversity. Administrative legislation withdrawal system of administrative legislation process can be the power rent-seeking phenomenon plays effectively function. Administrative legislation withdrawal system can be more effective safeguard administrative relative legitimate rights and interests. Secondly, improve legislative procedure. Improve legislative procedures specific include legislative planning process of the perfect, regulations, rules and regulations, perfecting drafting deliberating work to improve and regulations the voting method of perfect four aspects. Again, perfecting the hearing system, filing system and censorship. Finally, perfect financial revenue and expenditure system. Its specific include: perfect income system, strengthening the management of the tax revenue. Regulating financial allocation system, Regulate civil service pay treatment, establish units accounting accreditation, Establish and perfect for financial supervision mechanism. Finally, it is the conclusion parts. This paper put forward a series of institution construction and improvement, in order to departmental benefit of the local legislation phenomenon plays very good curb role. But the there is no paragon of system design, in order to contain the departmental benefit of the local legislation phenomenon of system design inevitable limitations should be multiple perspective, through a variety of mechanisms to try to solve.