Research On The Supervision System Of Administrative Legislation In China

Economic base determines the superstructure.Along with the rapid development of economy after the second industrial revolution in the western world,political system and the rule of law thought is also great changes have taken place,the national administrative power has got further enlarge,especially in the field of legislation to get the big scope of authorization.However,the emergence of administrative legislation not only positive role,more defects and problems in practical application is gradually exposed,such as conflict of legislation,unauthorized legislation,the lag of legislation and so on,and the public lawful rights and national interests were badly damaged.Constraints,therefore,the lawmaking activities of administrative organs,strengthen legislative supervision is imperative.China has promulgated the "legislative law of the People's Republic of China" and a series of laws and regulations,seems to have formed a complete supervision system,but the actual operation process is very difficult,the administrative organ of legislative activity has not been effective supervision and control.In order to safeguard national interests and the legitimate rights and interests of citizens,our country should be combined with the historical and cultural traditions and the actual national condition and fully draw lessons from western developed countries under the rule of law system and the supervision of experience to improve the administrative legislation supervision system.This thesis is divided into four parts to narrate administrative legislative supervision theory and system,mainly includes:Part one,an overview of the administrative legislation supervision.This chapter combines the domestic and foreign scholars point of view,to define the concept of administrative legislation and supervision,and the supervision principle is discussed.Administrative organs combined with lawmakers and law enforcers,such as separation of powers and the people's sovereignty ideas have already decided on the lawmaking activities of administrative organs must be supervised.Part two,the analysis of the system of administrative legislation supervision.Although the supervision system of Anglo-American law system and continental law system countries have their own characteristics,but they are all through the power organs,administrative organs,judicial organs and the public to participate in the way to build the supervision system of administrative legislation.We can take its essence,draw lessons from western developed supervision system to guide the construction of administrative legislation supervision system of our country.Part three,analyse the composition of current administrative legislation supervision system and problems.Although our country's authority supervision and internal supervision of administrative organs,judicial supervision and the social public to participate in the supervision system has been established,but the actual effect of supervision is weak,and the supervision system need to be further strengthen and perfect.Part four,on how to perfect the system of administrative legislation supervision in our country put forward some suggestions.From authority,administrative judicial supervision,public participation in monitoring system find the perfect solution,to make up for the deficiency of the existing supervision system.