The Distinction Of American Administrative Rule-making Procedures Ossification

There has always been an effort in the administrative law community in China,that is to attempt to draw on the model of interest representation model of the United States,forming administrative rules with more open and more participatory processes in order to constrain continuous expansion of administrative discretion.However,in the United States,the reflection on the malpractice of the interest representation model has emerged in recent years.The most important criticism is the procedural ossification of the increasingly tedious announcement and commentary process.Long judicial review,stringent cost-benefit analyses and various analytical requirements imposed by the Congress have imposed a heavy burden on the executive authorities,thus they choose to reduce or even abandon the rules.At the same time,some scholars have also written an article defending the interest representative model.Through empirical tests on the time of the rule-making,the number of rules,the number of times the court withdraws the proposed rules and the number of non-legislative rules,they considered that the procedure ossification is overstated.Although two different voices concerning the ossification of rule-making procedures have always been in debate.However,drawing lessons from useful experience and avoiding possible shortcomings in advance will be a useful attempt to improve the standardization of our country's rule-making procedures.Based on this,the article first introduced the concept of ossification of administrative rule-making procedures,analyzed its background and performance,then introduced the support for the ossification of administrative rule-making procedures,summed up the multiple factors that led to the ossification of administrative rule-making procedures.Also introduced the assumed consequences of ossification and scholar's responses toward it;followed by the different voices of the academic and practical world on the ossification of the administrative rule-making procedures,and analyzed the arguments given by the opponents against the ossification of the administrative rule-making process so as to fully understand the current status of the US administrative rule-making procedures.At last,this article introduced some possible inspirations to our country's rule-making procedures.In order to govern the country by rule of law,the procedures of formulating administrative rules have become stricter in China.According to American experience,our country should balance the relationship between democracy,justice and efficiency in the process of formulating rules in order to better realize the rule of law in China.