On Perfecting The Administrative Legislation System In China

Administrative legislation refers to the activities of administrative organs to make administrative rules and regulations according to the authority of law or legislature.According to the different sources of administrative legislative power,administrative legislation can be divided into power legislation and authorization legislation.According to the different subjects of administrative legislation,administrative legislation can be divided into administrative laws and administrative regulations.Our country's administrative legislation system began in 1982 Constitution.Now the State Council,the State Council ministries,the governments of provinces,autonomous regions and municipalities have administrative legislative power.The development of our country's administrative legislation has the function of filling the blank of law,fining the law of the People's Congress and testing the legislation,but there are many problems in the administrative legislation system.Specifically,the existing problems include:in the legislative authority,the State Council's legislative authority is too large;in the legislative process,the public participation is insufficient;in the legislative supervision,the supervision is ineffective.In order to standardize the operation of administrative legislative power,protect the basic human rights and improve the quality of legislation,we should improve the administrative legislation system.The development process of the administrative legislation system in Western countries can enlighten us.In Western countries,administrative legislation has undergone the three stages of "strict prohibition,legislative authorization of Parliament,and substantial authorization legislation".The Western society generally thinks that the administrative legislation has the necessity,its necessity stems from four aspects,one is the parliament time is limited,the parliament cannot cope with the rapid growth legal demand;second,the Parliament cannot carry on the work of professional technical regulations;The third is the trial legislation;The parliamentary legislation is not timely enough in the happen of emergency.However,the legitimacy of administrative legislation has been widely questioned,the Western society believes that power legislation violates the principle of separation and people's sovereignty.In order to prevent the abuse of administrative legislative power,many Western countries use cost-benefit analysis,strengthen public participation and supervise and control the administrative legislation in the administrative legislation.On the whole,the administrative legislation shows the three characteristics of entrustment,attribute and strict restriction.The Western countries have strict supervision and control measures to the administrative legislation,including beforehand control measures,control measures in the matter and afterwards examination measures.Compared with the western countries,our country's administrative legislation system is still very imperfect.Our country's administrative legislation system is different from the Western countries ' administrative legislation system in the cause,the evolution path and the restriction.From the perspective of the reasons,the administrative legislation in our country is mainly due to the imperfect system,that is,the NPC is unable to fully and effectively dominate the legislative work because of the indirect election,the representative part-time system and the sessional institution.Because of the huge demand for legislation and the inability of the NPC to dominate legislation,the executive organ,which has great administrative power,has received a wide range of authorized legislation and legislative powers from the NPC.In contrast to the western countries,the legislature still dominates the legislative affairs,and its administrative legislation is mainly due to the increase in legislative demand after social development,and the legislature has delegated some subsidiary legislative matters to the executive authorities for the limited time.From the perspective of evolution,the authority of administrative legislation in our country is enlarged and narrowed,and the authority of administrative legislation in Western countries has been enlarged.In view of the restriction of administrative legislation,the restriction of administrative legislation in China is obviously insufficient,while the western countries usually restrict the administrative legislation strictly.Compared with the western countries,we find that the administrative legislation system in our country has the problems of excessive legislative authority,not strict legislative procedure,insufficient public participation and imperfect supervision and examination mechanism of administrative legislation.In the new period of promoting the rule of law,we should reform the system to perfect our administrative legislation system.Specifically,to limit the administrative legislative power,strengthen the legislative authority of the NPC,let the people's Congress lead the legislative process;We should enhance the procedural control of the administrative legislation,improve the system of legislative file,cost-benefit analysis and expert argumentation,and strengthen the public participation,and implement the legislative hearing system.To improve the supervision and review mechanism of administrative legislation,Strengthens the administrative organ to the administrative legislation the internal supervision,consummates the NPC to the administrative legislation the supervision and the promotion Court to the administrative legislation examination.