The Conflict Studies Of Non-legislation Official Documents

The origins of China’s administrative law does not include non-legislativeadministrative normative documents (here in after referred to as non-legislativedocuments), but it is the largest number of Administrative specification file. There aremany non-legislative documents, but the frequency of use is the first among theadministrative normative documents, because the non-legislative documents is closelyrelated to the life of the public. According to statistics,85%of the documents havingthe effectiveness of the administration in the society, is the non-legislative documents.It plays an important role in the administration, making a significant contribution toChina’s economic and social stability and development.First of all, the non-legislative documents can make up for the loopholes in thelaw. Under normal circumstances, the statute law is a written static method, but socialrelations or social life is a dynamic law, and the law must be stable, which requires theform of a non-legislative documents by the appropriate organs of state administrationimplementation of laws, administrative regulations and rules, practice caused due tothe lack of laws, administrative rules and regulations and legislation "vacuum" statecan make up. Secondly, non-legislative documents thanks to its timeliness, flexibility,can guide the changes in the economic and social life. The public is relatively easy toaccept this non-mandatory administrative guidance role, and the friction and conflictbetween the government and the public will be reduced, and the misallocation ofeconomic resources can be avoided and prevention.However, with the increasing expansion of the administrative authority of thenon-legislative documents corresponding to expand the external validity growingtendency to become "spoilers" of the rule of law. To become a real country under therule of law construction in our country, we must keep going on the basis of law, theneed for the public authority, in particular, directly or indirectly have an impact on thecitizens’ legitimate rights and interests of the public authority to carry out the necessary constraints, and the non-legislative documents effectively regulate theconstraints and limitations of public an important way of power, therefore, to studynon-legislative documents has a strong practical significance. I hope to find aneffective method to regulate of non-legislative documents through the research.This article consists of four parts. The first part is the introduction of the purposeof this study, the significance and literature review. The second part illustrates thebasic theory of the non-legislative documents, and the meaning of non-legislativedocuments are defined, type of non-legislative documents are analyzed at the sametime. The third part discusses the conflict of the non-legislative documents. Finallyprovide vision of conflict resolution on China’s non-legislative documents to maintainthe unity of China’s legal system...