Study Of Local Administrative Legislative Supervision

The supervision of local administrative legislation is that the state organs and the individual citizens and organizations outside the system of state organs according to the law execute the inspection and supervision act on the constitutive behaviors of administrative regulations having the general binding rules by which the local congresses and governments enjoying the constitutive rights of law and regulations constitute and issue. The supervision of local administrative legislation is conducive to building nomocracy country, to building democracy politics, to developing the local economy, to promoting the scientization of local legislation. At present, the supervision of local administrative legislation in our country has many problems:for example the legislative approval system of power organs’ supervision performs no function, the function of recording system is reducing, the review system is weak; the supervision subjects of administrative organ’s are plural, the authority is indistinct, the supervision standard is indefinite, the procedure is irregular; the supervision of judicial review mainly depends on the justice supervision of the people’s court, it represents the character of indirection attachment limitation of the supervision; the hearing system of society supervision is not perfect, the reasoning system is formalized, the consensus’ legislation supervision comes up against the interference of power.There are many aspects of factors why arise these problems. They include the following systems、society、theory factors:At present, the local administrative legislation in our country expands largely, the subjects enjoying the rights of local legislation are more and more, the supply of the existed local administrative legislation system isn’t enough; the consciousness of social legality is light, the legislator’s awareness of the rule by man still exist, the people are lack of the legislative supervision consciousness; the selfish departmentalism of legislation exists largely; the research of the theory circle on the local legislation technology is at the starting period, there exists the divergence which they affirm the characteristic of local administrative legislation. To improve the supervision of local administrative legislation in our country, it needs to improve the relevant legislation, clarify the authorized range of power organs, perfect the approval system, improve the recording system, establish the supervision committee of legislation; it needs to establish the legislative planning system of administrative organs, clarify the standard of review supervision, create the strict supervision procedure、the legislative responsibility system; it needs to enlarge range of judicial review, clarify the authority and effect of judicial review; it needs to establish the motion system of local administrative legislation, endow the citizen with the right of administrative legislation motion, ensure the right which the administrative counterparts participate on the local administrative legislation, improve the hearing system of local administrative legislation the experts’reasoning system, the consensus’supervision system in order to remedy the insufficiency of the supervision in the system of legislative power through the efficient society supervision.