The Outline Of Legalization Of Administrative Normative Documents

Documents of administrative norm refers to the document that is made ex officio or authorized by administrative authorities at all levels, has general binding force to the rights and obligations of citizens, legal persons and other organizations and can be repeatedly used. It has large quantities, wide application range and is involved in all aspects of social life and management. Although these documents ensure the management of government, the unlimited expansion of its extension is being thrown into doubts by the field of administration law. It is because that most of the acts of state were implemented according to these documents at the beginning of new China.These documents were regarded as law. The situation at that time sowed the seeds of confusion at present. In the last several decades, plenty of laws were issued to regulate all kinds of social items, but these documents still remains even trend to enlarge extension. In the background of saturation of documents, its standard needs to get more attention. Therefore, all provinces, cities and departments formulate related management measures, but these measures are far more enough to clarify the outline of documents of administrative norms.Besides, the current standard of these documents are in chaos. There is no unified practice in China. Therefore, a unified standard is desperately needed to be established. These documents play an important role in the current system of administrative norms, which is contradictory to the idea of ruling by law. Reducing the application of these documents needs to become a trend.Our country is lack of a national and unified formulation procedure of these administrative documents. What we have is only some legal regulations on how to execute these documents which obviously have no specific rules on rule-making subjects, procedures and participation of the third party, let alone the pointed standard which differentiate the internal and external documents. All in all, the foundation of the procedure is the only way which must be passed in the road of normalization of documents of administrative norms. As the foundation of the judicial review system of these documents, which regards the post supervision as important as antecedentsupervision, there need to clarify the difference between the documents of administrative norm and administrative internal rules as well as policy so that it can be determined whether the documents shall be the objects of judicial review. The value of these documents lies in their execution. Only if the status is clarified, can the executory and judicial effect be established. The administrative organizations shall make a balance between these documents and law while administering and add the administrators’ review obligations to judge the effect of these documents. Therefore,it is the first task to clarify what is document of administrative norm, then, strictly formulate the making, supervision and application of these documents. Only in this way, can we realize the legislation of documents of administrative norm.