Research On External Validity Of Administrative Rules

Administrative rule refers to administrative bodies when dealing with administrative matters, in order to improve the efficiency of internal standards, procedures and operations. Need to be aware of is that some administrative rules are provided by the administrative authorities a written document, for notices, matters needing attention and so on, but there are also some administrative rules are unwritten, it is made by the administrative authority because of a long-standing practice of administrative acts and the formation of a common heart followed. Though it was originally did not involve the administrative relative person of the administrative rules, but its operational administrative relative person will often bring a certain degree of influence.The first part of this article defines administrative rules of external validity, national doctrines generally consider that the administrative rules has stressed to comply with internal legal validity, it is beyond doubt. But for some administrative rules, primarily the actions benchmark of administrative bodies, under certain conditions, some countries consider that with indirect external validity, are also a part of countries considered to have direct external validity. Finally after analysis and research suggests that it is the conclusion of an indirect external validity.In the second part, focused on the analysis of the external validity of theories. Administrative rules of the external validity of the rationale, administrative trust protection principle said, administrative practices, the principle of equality said, the self-binding administrative said, Analysis and comparison of its various theories, broadly divided into two views, a tendency from the outside perspective finds its theoretical basis for regulation, such as the trust protection principle said, and administrative practices said, the principle of equality said, Other tendencies in the perspective of internal mechanisms, such as self-binding administrative said. After extracting and absorbing element of the doctrine of reasonable, i suggest to the administrative rules of the external validity of theory, not merely from the perspective of external control are taken into account, not only from the perspective of internal mechanisms for the evaluation, and shall, in this case, adequate consideration of external regulation and internal mechanism of focus, combined with the specific circumstances of each case, and accordingly the identification theory.In the third part, on the validity of administrative rules external type study. First of all, from the perspective of foreign law on the validity of administrative rules external investigation, then analysis the internal of the administrative rules of the external validity of manifestation. This article explains in detail Japan, and Germany, Taiwan, United States administrative rules of external phenomena, and to external validity of typed analysis. Finally, careful interpretation of the classification, summed up the genre system standard: organizational administrative rules, explanations of administrative rules, the discretion of administrative rules, alternative administrative rules, administrative rules of the directive, on special power relationship in administrative rules, administrative payment of administrative rules.This part describes the administrative rules of the external validity of the applicable questions. Main introduced has organizational administrative rules, explanations of administrative rules, the discretion of administrative rules, alternative administrative rules, administrative rules of the directive, on special power relationship in administrative rules, administrative payment of administrative rules in the practice external situations, analyze the scope, under what conditions an external binding and external validity of method, and the administrative organs, the administrative relative person and its binding force.