The Study On Legal Problems Of Government Departments’ Interests

Government departments promote the interests of society, in dealing with their own functions to protect the overall interests of the attitude of the government, on the one hand. On the other hand government departments use their special powers and status acquired in the social division of labor to seek beyond their own interests outside of its existence, improper interests. It makes the construction sector interests have become the law of the rule of law is bound to solve the problem. Legalization of departmental interests are mainly in department regulations affecting the normal legislative process; by department rules to achieve their own interests as well as the expansion of powers by departmental regulations and reduce the terms of responsibility, resulting in damage to the fairness of the law; impeding the healthy development of the economy; the impact of the harm and affect the quality of the legal authority of the other aspects of the legislation. The main reason for the interest of our existing legal department of generated interest because of drivers of interests; the current legislative process is imperfect and management system defects and so on. Through the revelation of the relevant laws and regulations in France, Japan, Britain, Germany, United States and other countries, the study proposes the legal issues of interests of the department. France and Japan adopt the internal regulation, where the use of congressional legislative drafting process of the development program for the drafting of regulations from the department to address the interests of the legal department has a certain reference. In department rulemaking process, particularly regulations into consideration in the program, has not formed a full and effective consideration, while Britain and the United States over the two legislative mechanism in the legislative debate on this point have a view to the interests of our legal department to resolve issues of provide useful lessons. In addition, other countries adopted legislative assistant system and public participation in the legislative system of departmental interests also gives solutions to improve the learning of the law in China. Through the application of literature research and case studies and other research methods, based on the interests and harm mainly display of existing laws, and combined with reasons of producing department, by the reference of western countries, the study proposes the legal redress and prevention recommendations for legal problems of government departments’interests. The recommendations include establishing legal department review system; establishing the legislative system of damages; improving laws and regulations revoke, change or make corrections programs; optimization model and optimization drafting model legislation and other content. Departmental interests legalization brought many problems is the problem faced by the construction of the rule of law must, therefore it is necessary to do in-depth study for benefit the legal department. The study can promoting the development of relevant theoretical study in jurisprudence, legislation into law school and departmental interests, etc., and has some reference for solve of problems of the interests of legal department from perspective of practice.