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Improving The Legislation Supervision Mechanisms Of Administrative In Our Country

Posted on:2013-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:S DuanFull Text:PDF
GTID:2246330371989067Subject:Constitution and Administrative Law
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When the rising tide of Western liberal capitalist development makes the government unable to adapt to, the "night watchman" attitude obviously can not deal with all the contradictions caused by the rapid development of society. Some characteristics of the traditional parliamentary legislation, including the authority, stability and limitations, become not suitable for those in the administration of all sectors of society, such as the professionalism, complexity, variability. In order to meet the management needs of modern society, the organ of authority endows administrative agencies with the power, to formulate rules and regulations. We call it administrative legislation power. The administrative rules enacted by the State Council, departmental rules and regulations formulated by the various ministries, and the local regulations made by provinces, autonomous regions, the larger city government are all the result of legislation.Since the reform and opening-up, China has been striding ahead in the legal construction. The establishment of Local Organization Law and Legislative Law clears the power of administrative legislation of administrative organization. However, in practice, it is difficult to keep balanced between the speed to introduce and the efforts to control the administrative regulations; the quantity and quality of the administrative rules and regulations can not answer to a harmonious level. Therefore, with the requirements of building a society with rule of law, the intensity of supervision to administrative legislation can not be underestimated, for the executive and the legislature is an important component of China’s legal system. In the condition of the existing system of supervision of the Executive and Legislative, we should well prepare for the challenges of the ever-changing legal issues, and find and solve the problems by combining the advanced experience of foreign countries with the national situation and propose solutions.This essay tries to explore the important position of the administrative legislation executive and the supervision over it in China’s legal construction. Moreover, the essay will arouse people to think over the big issue of the construction of China’s legal system through a small topic of improving the system of supervision over the administrative legislation.This essay is divided into five parts to make a detailed analysis for administrative legislation supervision issue.Chapter IThis chapter will make a detail description of the concept of the administrative legislation executive and administrative legislation supervision, as well as the background of the former one, from the theoretical point of view. We try to make a detailed description of the characteristics, nature and theoretical basis of administrative legislation supervision.By studying the latest research on this subject from domestic and foreign scholars.Chapter2The legislative principles are the guiding ideology throughout the entire legislative process, which must adhere to. Legislation has its own principles, so the administrative legislation supervision should be guided even more by the principles. This section aims to explain the importance of the legislative principles from three principles---the Constitution first, citizen participation, and clarity.Chapter3This chapter is focus on introducing the mode of the Western countries on the oversight of the executive and the legislature. The mode mainly refers to Anglo-American law system and continental law system, specifically including four countries, the United Kingdom, the United States, Germany, and France. First of all, this chapter will introduce different models in these four countries, and then use one section to sum up the characteristics of the foreign model, in order to have a preliminary understanding of the mode of the Western countries on the oversight of the executive and the legislature.Chapter4In this part, we will scan our country’s current Executive and Legislative oversight system from positive side. We attempt to introduce the present situation in our country from the main body and methods of supervision, and then come to the problems should be solved, and explain the need for oversight on the executive and the legislature. In this way, people can know which parts are shortcomings.Chapter5The fifth part, as the end of this essay, it is a good conclusion of the whole essay. This chapter is focus on the problems and of the legislative oversight of the existing administrative and suggestions for it. The suggestions include strengthening the improvement of the supervision mode in the traditional recommendation, such as the strengthening of supervision over power organs and administrative organs; also there are some ideas on new models, such as giving right to judicial review of the Court.With a wide range of flexibility, the administrative legislation executive has a high utilization. If government’s normative force can not control the speed of formulating regulations, citizens legitimate rights and interests will be threaten. Therefore, improving our administrative legislation supervision system is extremely practical significance and imperative.
Keywords/Search Tags:Administrative legislation, Administrative legislation supervision System, Completion
PDF Full Text Request
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