Record Examination System Of Administrative Standard Document

As the important supplement of our country’s laws, legislation, and regulations,administrative standard document is not only the gist of legal administration of stateorgans in China, but also is the important guarantee of the masses in protecting theirlawful rights and interests. It plays an important role in political economic life andsocial life of China. However, since the diversification of subject and their unevenquality level, the established administrative standard document is quite different.Moreover, the limitation of uniform rules from the country level causes a series ofproblems of administrative standard document. For example, the inferioradministrative standard document breaks the superior laws and regulations, thecollisions of the administrative standard documents coming from the same level. Allthese factors result in that the state organs and citizens are uncomfortable in adaptingthe administrative standard document.Towards the record review of administrative standard documents, this thesismakes use of empirical analysis to combing the theoretical issues of the record reviewof administrative standard documents, giving the overall analysis of the currentsituation and existing problems in social life and presenting how to perfect the recordreview of administrative standard documents. This thesis contains four components:introduction, main boy, conclusions and postscript. Four parts of the main body arelisted as follows:Chapter one summarizes the record review system of administrative standarddocuments. The concepts of administrative standard documents and the record reviewof administrative standard documents are clear defined firstly. We analyze therelationship between the record and review. Then, the significances of record reviewsystem of administrative standard documents are illustrated. Finally, we expound thefoundations of the record review of administrative standard documents.Chapter two analyzes the relationship between the record review systems ofadministrative standard document with other legal institutions. We firstly compare therecord review systems of administrative standard document with judicial reviewsystem and reexamination system, explore the contacting and difference of them.Then, the relations between the record review system with the administrationreconsider system and the administrative litigation system are investigated. The third chapter gives the empirical analysis of the record review systems ofadministrative standard document. Firstly, we expound its problems from the aspectsof the non-uniform contents and standards. Then, we analyze the reasons from theaspects of ideological understanding, system deficiency, and institution setting.In the fourth chapter, how to perfect the record review systems of administrativestandard document is pondered from the stipulations of entity and process. In addition,some measures aiming to perfect the record review systems of administrative standarddocument from the aspect of establishing the relevant supporting system is proposed.