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Research On The Examination And Supervision System For Administrative Normative Documents

Posted on:2013-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:F H LinFull Text:PDF
GTID:2256330425450450Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The legal systems for the adjustment of administrative legal relationship is developingtowards the diversified direction in our country, and in addition to the law, administrativeregulations, local regulations, autonomous regulations and separate regulations and rules,administrative normative documents also play a more and more extensive role in theadjustment of administrative legal relationship. The formulation rights of the administrativenormative documents is an important power often exercised by the administrative authoritiesat all levels and owing to the characteristics by diversified levels, nonspecific nature anduniversality of the objects, the extensiveness of the scope involved and the repeatableapplication of the contents, the administrative normative documents are favored by variousadministrative authorities in the administrative law enforcement. However, at present there isnot yet any unified legal regulation on the formulation, application, review and supervision onthe administrative normative documents in China, there are various defects and deficiencies inthe regulations on these issues by local authorities, there are still “official standards” in theformulation and implementation of the administrative normative documents by manyadministrative authorities and the capacity for the formulation and law enforcement is uneven,therefore resulting in endlessly various legal and social problems, and the administrativenormative documents therefore become the target denounced by the administrativecounterpart, often causing administrative disputes between the administrative subject and theadministrative counterpart. Although there are still many problems of the administrativenormative documents in the adjustment of the administrative legal relationship, from theperspective of the operation of the state administrative power, the administrative normativedocuments have the necessity of its existence and value. The role of administrative normativedocuments cannot be simply denied, but the formulation and implementation, review andsupervision of administrative normative documents should be regulated from the perspectiveof law, and the administrative normative documents should be incorporated into the track ofthe rule of law in China so as to play their role in a legal and reasonable framework, which arenot only the necessary requirements for the rule by law and the administration in accordancewith law in China but also the due righteousness for the protection of citizens’ rights andadministrative power of the modern country under the rule of law. This paper, on the basis of screening the connation and denotation of China’s administrative normative documents,makes general description of the basic information on the formulation rights and formulationsubjects thereof, in combination with the true cases in the practice, makes contrastive researchon the typical problems of the regulations of the administrative normative documents in thelegislation to look for the deficiencies shown in the formulation and implementation of theadministrative normative documents and the defects of the operation of the review andsupervision mechanism, from which proposes thoughts on the basic principles for theformulation and review of the administrative normative documents, and then from thelegislation, administration, justice and other considerations builds the review and filingsystem for the administrative normative documents with “parallel two-tracks” between thepower authorities and administrative authorities, establishes and improves the documentappraisal system and clearing system, improves the overall review over the administrativenormative documents by the administrative review and the administrative lawsuits,implements the administrative accountability mechanism for the illegal activities in theformulation and supervision of the documents so as to improve the review and supervision ofthe administrative normative documents from many aspects, hoping to be conducive to thegradual stability of the administrative normative documents in the path of rule of law.
Keywords/Search Tags:Administrative Normative Documents, Filing and Review, Appraisaland Clearing, Administrative Review, Administrative Lawsuits
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