The Research On The Model Of Chinese Administrative Organization Legislation

Administrative Law is the latest development of a discipline in all of Law category in the 19th century,,because the administrative law form is due to the State Department. But in China, the 19th century is in the late Qing Dynasty, the influence of the feudal monarchy, administrative law has not been a good development. Until the early years of New China, this is a good opportunity to develop administrative law, but in this golden era, the administrative law is only short-lived. After the Cultural Revolution, China's administrative law only began to recover. However,1987 was a milestone in the modernization of China's administrative law into this year, the administrative litigation system is established, according to law and the establishment of the rule of law to determine the general direction of the State, "State Compensation Law," announced the administrative penalty system is established, the administrative review update and regulations of the legislative system update, this series of significant changes, means that the development of administrative law in our country has entered a new stage. Until today, the development of modern administrative law has experienced more than 20 years, although less than 100 years after the West's achievements, but our development is also evident, the administrative law is undergoing a rapid change. However, despite many achievements, but have to admit that our system of administrative law has not been balanced development of the Executive Organization Act is an example. In China, administrative law scholarsadministrative organizations are almost became a forgotten corner. With the deepening of administrative law theory and administrative behavior, the executive power of the study, the research administrative relief system has made great development, but the administrative organization of the legal system has been rare. Many Western countries have studied the system for half a century, and has made certain achievements, has more experience, we need to learn from foreign experience, combined with their actual situation, on the issue in-depth study to fill gaps in administrative law, this one.The author study legislative issues for four parts of the administrative organization. The first part of the legislation, from the administrative organization to start the basic conceptual issues, and administrative organizations, administrative organizations, law and detailed exposition of the concept, then the current typical administrative organizations around the world to sort out and compare the legislative model. Administrative organization as a special social organization, the State according to a certain purpose, according to a number of departments have systematically organized, on the organization and management of state affairs for the overall. Also known as the administrative organization of public administration organizations, the broad and narrow sense. Organic Law for the definition of administrative, academic, and there is no consistent understanding. The author used in the article should be loose, Professor and Professor Xue Gangling summary of the administrative concept of organic law, they argue, can be defined as the Organic Law of the Chief Executive of the organizational processes regulate and control administrative organization of the law. Regarding the administrative organization of legislative model, the author concluded on the basis of previous further finishing. Specifically, the Administrative Organization Law of the legislative model, including target model, the theme mode, Program mode, carrier mode and other, the choice of these models have varying degrees of organic law determines the quality of administrative and functional play.The second part of the article further describes the administrative organization of foreign legislative model, which is the perspective from the national model of administrative organization of legislative classification. From the typical sense, the Administrative Organization Law of the legislative model, there are three, namely, the Japanese model, American model and the French model. From the carrier division of the Japanese model, Administrative Organization Act can be summarized as pluralistic, multi-level, system, mode of separate legislation. World War II, Japan attaches great importance to develop a large number of administrative organization of legislative laws on administrative organization. These laws can be divided into three levels:first level is "Cabinet Law," "National Administrative Organization Law" and "Home Rule Act." The second level is the state set of the executive law, "General Ding Yuan Law," "Local Tax Law" and "Local Fiscal Law." The third level is the Cabinet decree on administrative organizations, the provincial order, local public groups to develop the regulations and rules. Unlike Japan, the U.S. Administration Organization Act to democracy as its target model, and, federal, state and local governments to achieve decentralization. The legislative process in the administrative organization, the main application of the general legislative procedures. In addition, the carrier of the Organic Law of the United States administration is a multi-level class model. U.S. legislation is relatively decentralized administrative organization. The federal government, the president of the executive power and the division of federal and state powers by the Constitution. French administrative organization of legislative goal of models is not very clear, administrative organizations, mainly in the central legislative power, but by the legislature and the executive shared. Important administrative and organizational issues by the Constitution and laws, and other organizational issues of administrative regulations by the central government to form their own decision. In addition, the United Kingdom and Germany, also fell into this pattern. The scope of executive power and the British prime minister's position and authority from the constitutional practice, the local system by law.The third part is the status of administrative organization of legislative analysis. This section describes the legislative history of administrative organization and mode selection. Administrative Organization Act of the first phase of construction from the early days to 1954, for the creation stage. This stage of legislation by the Administration Council of the CPPCC and shared responsibility, the adoption of legislative and administrative procedures, and use multiple, system carrier model.1954 to 1979, is the Organic Law of Administrative second phase of development. At this stage, right on the central administrative organizations, and organs of state power and the State Department shared. This stage, the administrative organization entered a golden age of the legal system, issued a large number of relevant laws and administrative organization. On the carrier, are code-style, that is to develop a unified "Organic Law of the State Council" and the "local organizations" and other codes, some of the column by the State Council is the executive simply be added. Since 1979 the Organic Law of Administrative Development is the third Stage. This stage, the administrative organization of the major legislative model follo we in the past, but the carrier mode is more inclined to code type. Overall, the Legislative Administrative Organization Act there are several gaps. First, the administrative organization of legislative not the complete system. Second, the existing legislation is inadequate administrative organization. Third, the program mode unscientific. Fourth. the vector model is imperfect.The last part of the paper study the perfection of the legislation of administrative organizations and the legislative mode choice. Combined with advanced research experience in the administrative organization of legislative, from our own situation, I try to sum up the administrative organization for our own legislative model are:(1) both democracy and efficiency of the target model. (2) decentralization of the main mode.(3) Social participation and legislative procedures for both models. (4) multiple carrier model legislation. Finally, develop a sound administrative organization of the specific legislative measures:(1) to strengthen the Organic Law of Administrative Studies, good at absorbing foreign quality results. (2) adhere to the legal principle of administrative organization. (3) to strengthen the executive supervision and restriction mechanism. (4) improve the legislative system of administrative organization.