Administrative Regulations On Several Issues Research In China

Ministerial regulations are unique in China’s legislative system. As a legal norm, it is consisted with two legal concepts which are certain level of departmental rules and regulations formulated by the departments of State Council and local people’s government. China’s concept of "administrative rules" was formulated in China’s Constitution of year1982for the first time. It was the result of adjusting the national legislation system to adapt to the results of national needs in the new historical period. Since the "rules" after the1982Constitution, the laws of the Local Organization Law, the Administrative Procedure Law, the Administrative Punishment Law, the Administrative Licensing Law, Legislation Law related to the development of subjects, for the effectiveness of the development of the provisions of the purview of the supervisory system, the administrative rules start to embark on the path of development of the rule of law.Ministerial regulations’existence in our country has certain inevitability. Political, economic, cultural and other aspects of basic conditions of our country had made an appropriate reason for certain levels of central and local state administrative organs obtained legislative power.However, national conditions can’t give inevitable legitimacy to administrative regulations. As a part of administrative rules-making legislature of China, because of there are certain defects in the legislation, so administrative regulations contained great democracy and procedural defects. Moreover, the rule-making subjects in China are widely distributed and there are large quantities of administrative regulations, which results in heavy workload of regulatory supervision. As a result, there are a lot of problem sexposed in the development process of China’s administrative regulations. This article will research into certain basic aspects for the construction of Administrative rules as the following:In Chapter one, there is a general introduction of the system of ministerial regulations, including the history of the concept of ministerial regulations, the specialty of the ministerial regulations and so on.In Chapter two, I researched into the legislature power of ministerial regulations. There are mainly three categories of making power sources of administrative regulations in China. The first one is the enforceability of regulatory rights, namely the implementation of higher-level laws; second, regulation-making power related with one’s responsibility, this legislative power contains certain legislative rights of making rules with regard with matters have not been regulated by higher-level laws, so there are only local government regulations have such develop; the third one is authorized regulations making power.In Chapter three, I researched into the force of law and applicable rules of administrative rules. The provisions of the Administrative Procedure Law in China People’s Court formulated that in the judicial process, administrative rules should be applied if it was right according to the laws and administrative regulations. To its specific meaning, I think it should be clearly understood. Moreover, our law provides for the application rules of the conflicting regulations, there should be specific and reasonable details of the applicable rules.In Chapter four, I researched in the supervisory system of administrative regulations. The filing system is the most comprehensive, daily, specialized supervision system of regulatory supervision system of China. It is able to record and review the most part of our administrative rules, and the legislature organization and administrative department’s supervision system all depend on this platform, so in this article, the record and review system will be studied, and several advices will be given on this basis. In addition, this article will study into the review system classified by the different organs of power, including executive and judicial power. The supervision system of which our authority is quite well, but it doesn’t run well in practice, judicial supervision is not the complete supervision power. As a summary of this article, I suggest to establish the specialized oversight body, improve the coordination between the filing and examination procedures, and strengthen the supervision of authorized regulations making power legislation.