Study Of The Procedure Of Local Administrative Legislation

The procedure of local administrative legislation, is referred to the local state organs who own the legislative rights must be followed in a particular way, procedure, sequence and time limits when they enact, approval, modify, supplemented or abolish the administrative laws. Study on the procedure of local administrative legislation is beneficial to enhance the democracy of local administrative legislation, to ensure the quality of local administrative legislation, to regulate the activities of local administrative legislation, to improve the efficiency of local administrative legislation. However, the procedure of local administrative legislation exists some defects as follows: The procedure of local administrative legislation exists legislative defects, such as lack of uniform, the pattern of the procedure of local administrative legislation is single; The procedure of local administrative legislation exists some defects when operated. The relevant legal system of local administrative legislation procedure is imperfect, such as hearing system, open system, motion system and reason-giving system; The supervision of local administrative legislation procedure is not complete, such as emphasize on internal supervision, weaken external supervision and it has not bulit judicial review system on administrative legislation. There are many reasons results in defects of local administrative legislation procedure:Conceptive factors, such as legislation conception biased, legislators qualities is not high, the sense of citizen participation in legislation procedure is faint; Political factors, such as the legislative power of Local People’s Congress is nominal, the authority of local legislation and departmental legislation is not lear; Economic factors, such as the cost of administrative legislation is too high, the inclination to departmental benefit is serious. Perfect the procedure of local administrative legislation: improve legislation, reconstruction value orientation of the procedure of local administrative legislation, Change the single pattern of the procedure of local administrative legislation; Improve the operation of local administrative legislation procedure, including programming the legislative programs, proposal procedure, draft procedure, deliberation procedure, voting procedure and publication procedure. Improve the relevant legal system of local administrative legislation procedure, such as improve local administrative legislative hearing system, build the procedure to open local legislation, establish administration’s Legislative Motion Right, establish perfect local legislative evaluation; Improve the supervision of local administrative legislation procedure, Strengthen and improve the people’s congress supervision of administrative legislation procedure, expand and strengthen the judicial organs supervision of administrative legislation, establish the people court supervision of administrative legislation.