Legal Restriction On Other Administrative Regulations

Other administrative regulations have made a positive contribution for China's economic construction and social stability. They also have been playing an irreplaceable role in the enforcement of acts and regulations as well as in the implementation of functionality in the social society. However, its development has been hindered due to a number of issues in other administrative regulations, even affecting the quality and depth of the enforcement of administrative acts and regulation.It is necessary and a trend to make other administrative regulations into a right legal system in the development of administrative law. From this perspective, the author has explored and discussed other administrative regulations in a way of comparing with inheriting, learning from the history and summarizing statically and dynamically while combining the theoretical and practical method. This article has been divided into the four parts.The first part defines the scope of other administrative regulations in analyzing the definitions, features, and the main party involved and related concept. It also indicates that it is necessary to develop the other administrative regulations based on the discussion on its theoretical and practical significance.The second part describes the current status of developing other administrative regulations and administrative and judicial implementation while analyzing the major issues occurring on legislation and monitoring throughout the enforcement. It also explores the causes from various aspects such as historical, systematic, legislative perspective.The third part states the importance of legal restricting the other administrative regulations, only this way would allow us to curb its administrative power of alienation effectively and ensure that the specific administrative act is lawful and improve constraining administrative mechanism. The author then proposed that the regulation should follow law-based, power constraints as the key to the administrative cost - benefit as a guideline.The fourth part the author further proposed that it should go through the legislative process in defining the qualification, clarifying the rights and classifying the scope in developing other administrative regulations. The author further provided a proposal in strengthening the authority and auditing of the government, and highlighted the other administrative regulations to judicial review and judicial supervision of the idea.In conclusion, the author believes that it is inevitable to have various issues in developing other administrative regulations; however it will eventually be fixed hopefully. The other administrative regulations will play a more important role in China's development based on the regulation when it is going legalized.