Research On Executive And Legislative Control Mode Of China

There is no single definition and understanding about administrative legislation on academic. It’s also be called by some scholars as "delegated legislation". This paper explored and discussed with the Chief Executive and Legislative refers to the legislative and executive authorities in accordance with the Constitution of laws, enact administrative rules and regulations in accordance with statutory authority and procedures. With the rapid development of society, many situation and problems appear, so administrative legislation also came into being. In a period of time, administrative legislation has played a positive role in many aspects of solving social problems, ease social conflicts, maintain social and other normal and orderly operation, but also had a negative impact. One of the most obvious phenomenon is massive growth in the number of legislative administrative great tendency to overwhelm law. As secondary legislation, the rapid expansion of the executive and legislature also had a legal and regulatory rules conflicts and contradictions in the course of practice. The "Legislation Law (Draft)" voted by Twelve NPC Third Session authorized to make a more detailed provisions by strengthening the leading role of the NPC in legislation, limits the powers of regulations and so on. It conforms to a new era of comprehensive law and building a law-based government, the rule of law demands. But we also need to see, executive and the legislature still dominated by deep-rooted tradition.The first part of this paper is the executive and legislative control overview, mainly on the executive and legislative control of some of the basic connotation-executive and legislative, executive and legislative control to define, to probe theoretical foundation executive and legislative control from a legal point of view. The second part focuses on a number of developed countries mainly in the United Kingdom and the United States as the representative of the common law and in France, Germany, represented by civil law countries, about what and how they do in the legislative control of the executive. Analyzed different administrative legislative control mode about these countries, and what we could learn from them. These countries start early in the building of law, have sound legal system, have focused on the legislative control over the executive. Britain pursued parliamentary supremacy, while American famous for constitutional review of the Supreme Court. Germany and France and other civil law countries review administrative legislation unconstitutional by the Constitutional Court and French administrative court is more complete. The third part is the focus of this article, mainly focuses on the current situation of the Executive and Legislative control problems and cause analysis, combined with some typical cases and statute provisions on administrative legislation. In a more intuitive image analysis of legislative control the problems of administrative. And probe the causes of executive and legislative control weakness according to the analysis of different cases. The forth part makes recommendations for improving the administrative control of the legislative according to the analysis and discussion in the foregoing. From the authority, the executive, the judiciary three aspects, draw a viable model of Western countries, explore effective ways to control our administrative legislation.