Research On Legislative Basis Of Administrative Regulations

The formulation of administrative regulations shall be based on the provisions of the Constitution and the law.However,in the practice of administrative legislation,there is no basis for the development of administrative rules and regulations of the phenomenon has occurred,the right to supervise the organization does not seem to stop.The legislative law stipulates the basic mechanism of the review of laws and regulations,but there are some defects in the setting up of the procedure for the examination of rules and regulations.The main task of this thesis is to establish whether the administrative regulations should be based on the basis of what.The article is divided into three parts,the main contents are as follows:In the first part,it is of great significance to define the basis for the formulation of administrative regulations,and to explore the legal regulation of administrative rules and regulations.The administrative organs shall have the authority to formulate administrative rules and regulations,which is stipulated in the Constitution and the organizational law,and is also the highest award granted by the state organs of state power.It is necessary that the supreme organ of state power,through the Constitution and the law of organization,grant the legislative power,and at the same time regulate the "basis".Because,any power has the possibility of abuse,the legislative power is also possible to abuse,to grant the legislative power is not binding,its adverse consequences are self-evident.A clear definition of administrative regulations formulated according to the constraint on administrative regulations legislation in three aspects: define the scope of administrative legislation,safeguard the legislative power of the state cannot violate the status,laid the foundation for the unity of the national legal system.However,the scholars of administrative regulations formulated according to little research problem,and clearly defined according to the formulation of administrative regulations,has important guiding significance to explore the legal regulation of administrative regulations formulated a right of administrative regulations review mechanism.The second part describes the practical analysis of the basis for the formulation of administrative regulations in order to clarify the specific legal basis for the State Council to enact administrative regulations.Administrative laws and regulations are based directly on the constitution,or directly in accordance with the specific legal formulation,or the timing of administrative regulations are not based on,or other.For example,in 2014 the State Council issued the "People’s Republic of China partnership enterprise registration management approach",is developed on the basis of the "People’s Republic of China partnership law";the State Council on 2007 issued the "Regulations" local people’s governments at all levels to set up and manage the preparation,according to the constitution,the organization of local people’s congresses and local people’s governments at all levels by the State Council;in 1981 published "imports management approach" is based on the 198 April 14 th 0 the CPC Central Committee and the State Council and the Central Military Commission "on notice" to stop abuse put the spirit of the internal reference film.This is actually related to the review of administrative regulations is unconstitutional or illegal review,for the establishment of a sound administrative review mechanism has important practical significance.In the third part,the author explores the legal regulation of the right to formulate administrative rules and regulations,which is the theoretical reference for the problems of the law review.For the review of existing administrative regulations from the start to the revocation process,there were many obvious flaws,should be clearly receiving review requirements or suggestions on the working mechanism of"legal status,function and basic operation standard,for the study of review recommendations must be justified;clear Committee a written review the views of the process should be more specific provisions.The review process shall be revoked the bill also requires refinement,for the legal nature of the written examination opinions are also discussed,withdraw a bill in a large extent by the written examination opinions of the constraints and so on,it is necessary to study the problem of analysis and on the basis of looking,puts forward the suggestion to perfect the administrative regulations review mechanism.In recent years,the legislative practice of current administrative rules and regulations,few people have classification,this paper will sort into the current administrative regulations formulated according to the law administrative regulations,administrative rules and regulations formulated in accordance with the constitution,in accordance with the Constitution and laws,administrative regulations are not specified in accordance with the constitution and laws administrative regulations formulated by the four categories to sort out,to find out the legislative innovation and laws,administrative regulations and legislative debate found the existing problems,finally puts forward improvement suggestions for the review of administrative regulations machine on the basis of the analysis of theory and practice.