A Study On Making Problems And Strategies For Administrative Normative Documents

Administration by law is an important content to promoting the rule of law for a country. All levels of administrative departments should strictly follow the laws, rules and regulations to perform administrative management. However, with the development of modern society, multiplicity emerges and administrative management also becomes more and more complex, which makes it difficult to perform administration on by laws, rules and regulations. Administrative normative documents can improve the state legal system, promote the administration efficiency and enhance the administration by law; therefore, it is widely used by all levels of governments to advance the rule of law in China and build the government under the rule of law.Currently, the legislation in China has not formulated administrative normative documents, and these documents are not legally binding when they are made, which leads to many problems. Moreover, because administrative normative documents can be widely and repeatedly used, and most of them are concerned about economic development and administrative management, the quality for these documents are directly influence the interest of the administrative counterparts. To prevent the administrative departments from making the illegal activities legalized by establishing some administrative normative documents, it is critical to study the problems during the establishment for administrative normative documents.Most of previous academic studies on administrative laws focus on administrative rules and regulations. When more and more problems are exposed for administrative normative documents, although the study on administrative normative documents themselves gradually increases, the study mainly restricts on concepts, types, characteristics and the force of law for administrative normative documents. As to the roles for administrative normative documents performed in government administrative management, how to prevent problems from happening during the establishment and how to solve the illegal root cause for administrative normative documents, the concerned study is rare. Therefore, this paper tries to study from the perspective mentioned above to sort out problems in making normative documents and discover the solutions.The paper hierarchally discusses the contents from the following three aspects. Firstly, it illustrates the significance of administrative normative documents by analyzing titles, concepts and legal features for the documents to provide the theoretical foundation for the study. Secondly, it presents problems and root cause currently existing in administrative normative documents in China, which is used as the actual evidence for the study. Thirdly, it tries to propose scientific and operative suggestions for the analyzed problems, to provide reference while making administrative normative documents.During previous working experience and the current study, the author discovers that problems existing in the procedure of making administrative normative documents are gradually decreasing and rules and regulations made become better and better; however, there are still some problems, such as inaccurate purpose, improper ideal and procedure in making documents, confused subjects and the regulated rights easy to break through, the document quality to be promoted. After analyzing problems mentioned above, the causes are as follows:traditional and old-fashioned ideal, vague and undefined legal role of administrative normative documents, driving of illegal interest, lack of procedure rules, and anomie of supervision. As far as the author is concerned, to solve problems mentioned above and promote the quality of administrative normative documents, the following five attempts should be performed. Firstly, enhance the concept of legal system. During the making procedure of administrative normative documents, abandon the old-fashioned ideal and insist on scientific and democratic decision to gradually improve the legal quality of employees in administrative departments. Secondly, control the rights strictly. Optimize the making procedure and improve the quality of administrative normative documents by focusing on features of the documents themselves. Thirdly, optimize the working mechanism. Strengthen the procedure awareness to ensure the procedure is legal through the following mechanisms: planning, examination, professional demonstration, issuing, evaluation and clearing away. Fourthly, improve working supervision. Establish the administrative, NPC and judiciary supervision to ensure that contents of administrative normative documents are legal. Fifthly, enhance the accountability. Build the accountability for violating administrative normative documents as soon as possible to realizing that all mistakes can be corrected.The paper creates its own point on system establishment by analyzing current problems and root cause for administrative normative documents. For example, in accordance with Administrative Reconsideration Law of The People’s Republic of China, administrative normative documents can only be tried together when a concrete administrative action is reconsidered. Such an indirect and passive administrative reconsideration system must debase the supervision and relief effort of administrative reconsideration and also does no good to protect the legal rights for the mass. For such a problem, the author proposes that before the modification of Administration Reconsideration Law, a examination system binding advanced review, recording review and objection review for administrative normative documents can be performed to solve the contradict and promote the review efficient as well. Because the normative documents are rather professional and are difficult to be understood by the mass, the author proposes that important administrative normative documents issued by the government should be explained synchronously and should be included in the contents of administrative normative documents by referring the explanation mechanism of important policies started in2014by The People’s Government of Anhui Province. In addition, the paper also put forwards its own opinion on promoting efficient working of normative documents, and attempting to build the explanation system of hearing and acceptance.