Internal Supervision Of Administrative Legislation

No matter in theory or in practice, an intact piece of administrative legislation supervision always includes two aspects which are external supervision and internal supervision in the administrative system. The two aspects supplement each other, and it is very difficult for the internal supervision of administrative legislation to perfectly play a due role in supervision without any aspect. In our country, the internal supervision of administrative legislation is mainly realized by means of supervision of the legislative body, supervision of the judicial office and public opinion of social citizens and the media. However, in practice, there is always boundedness of external supervision. For example, in terms of supervision of the legislative body, the body which makes administrative legislation is the administrative body rather than the legislative body, and it is difficult for the legislative body to realize professional supervision in allusion to legislation in the more professional administrative field. What’s more, in our country, the quantity of administrative legislation is much more than that of the legislative body’s legislation. It is almost impossible for the legislative body to realize all-around supervision in allusion to such vast administrative legislation, and the key emphasis in the legislative body’s work is not the supervision of administrative legislation. As the judicial supervision, supervision of the realization of the true sence is not possible, from the actual situation of our country, the judicial power did not realize the realindependence, judicial power and the exercise will by administrative power or other power interference, such circumstances, to realize the judicial organ to administractive legislation supervision basicalluy is not reality. From the aspect of public opinion of social citizens and the media, their supervision is a kind of ex-post supervision, for social citizens are not familiar with matters related to legislation such as the background and procedure of administrative legislation, and the effect of supervision is not obvious. These patterns of external supervision can always solve superficial problems in legislation, and they can’t help to realize internal or deep supervision in legislation. The traditional standpoint is generally that it mainly relies on the power of external supervision to realize supervision of administrative legislation, which always neglects the internal supervision of the administrative system. Nevertheless, actually the most important thing is to strengthen and give play to the internal supervision of administrative legislation besides bringing external supervision into play so that administrative legislation supervision can be truly realized. Generally speaking, the internal supervision of administrative legislation is a type of self-correction regime of the administrative body, including mutual supervision between superior and subordinate administrative bodies, and mutual supervision between leaders and followers, which is a type of self-examination and self-prevention mechanism in the inner administrative body, and its substantivity, high efficiency and professionality help to save cost, to improve efficiency and to maximize the positive effect of supervision.This thesis mainly studies the internal supervision of administrative legislation, analyzes implication and characteristics of administrative legislation, points out current situations and problems of internal supervision, and tables several proposals to perfect our internal supervision of administrative legislation by means of using experiences of a few representative foreign countries and Taiwan for reference. There are still numerous problems in the respect of the internal supervision of administrative legislation, and lots of blocks will be encountered in the process of strengthening the administrative internal supervision. However, it is the inevitable requirement of our country’s socialist rule-of-law state construction to strengthen and perfect the internal supervision of administrative legislation, and it is also the centerpiece of our country’s harmonious society construction. Therefore, it is imperative to perfect the internal supervision of administrative legislation.