The Identification Of Administrative Normative Documents

With the improvement of the supervision to administrative normative documents in our country,it has ensured the law-based administration from the source.However,there is a serious problem in the legal institutions unification in our country at present—in order to evade regulation many main body of administrative documents formulation subjects making the documents that meet the requirements of administrative normative documents are still published in the form of general administrative documents.This influences not only the construction of a nomocracy country,the realization of a nomocracy society and the formation of law-based government,but also make it difficult to protect legal interests of citizens,legal persons and other organizations.Regulating such cases need to add a new administrative document management system,and make pre recognition procedure before the introduction of all administrative documents.The identification procedure of administrative official documents is called the identification of administrative normative documents.At present,there is no in-depth study and detailed provisions on the current effective legislative documents and the nature of administrative normative documents in the Chinese academic circles,the biggest obstacle to the identification of administrative normative documents including non uniformed identification standards,non separated procedure for the identification of administrative normative documents and unreasonable disposition of management personnel in administrative normative documents,so solving this kind of problem is imminent.The main factor of the development of administrative normative document identification is the identification standard,it is constituted by the determine composition and the suspect composition,the determine composition including general binging and repeated applicability;the suspected constitution generally including the formulation subject,the legal procedure,the civil rights and one or more elements involved in civil rights and obligations.Through the analysis and evaluation of the existing identification standards,to complete each other,and establish the basic framework of the new identification standards,in order to increase the scope of theoretical research on normative documents and promote the improvement of administrative normative document management system.Restructuring the identification criteria is in order to meet the regulatory requirements of the administrative normative documents,to meet the requirement of judicial authority to carry out incidental review of administrative normative documents and the need for citizens to seek relief;To rule the situation that the haphazard administrative documents,and try to minimize or even avoid the administrative organs or other public authorities to develop substantive administrative documents with administrative normative documents,but in the form of non administrative normative documents issued by the purpose of the situation;It offers a condition for our country that to unify the legal system,build the legal state,build the legal society and the lawful government.