On The Legal Control Of Local Administrative Legislative Power

Administrative legislation refers to the activities of the administrative body in the formulation and promulgation of administrative regulations and administrative regulations in accordance with statutory authority and in accordance with legal procedures.It is also called the appointment of legislation or the enactment of legislation.Local administrative legislation is a classification method of administrative legislation and it is an activity to formulate local government regulations.China has a vast territory and a huge area of administrative management.It has a large proportion of administrative legislation in the administrative legislation for the implementation and implementation of laws and regulations on administrative management.The content of local administrative legislation is closer to basic administrative management,and often involves civil rights and obligations.It is also easier to infringe the rights of the public.The report of the 19th CPC National Congress proposed that "advancement of scientific legislation,democratic legislation,legislation according to law,good law to promote development,and safeguarding good governance," comprehensively governing the country according to law,and accelerating the construction of a government under the rule of law are the current requirements of the times.In this context,it is particularly important for governments at all levels to strengthen the control of local administrative and legislative power,especially in setting up the control of civil rights and obligations.Throughout the major developed countries and regions,it has formed a relatively complete system of control measures and systems for administrative and legislative power,and has made achievements in the corresponding basic theory and legal research.In contrast,the study on the control of administrative legislation in our country is relatively simple,especially on the control of local administrative legislation,it is rough.The author uses the methods of theoretical analysis,method analysis,and empirical analysis and follows the following structure and ideas of the article to explore the legal control of local administrative legislative power.The first chapter defines the relevant concepts involved in the legal control of local administrative legislative power and analyzes the related meanings.To study the control of local administrative legislative power,we must understand clearly the relevant concepts of administrative legislation,local administrative legislation,etc.,and thoroughly explain the legal control of the administrative and legislative power,and clarify the local administrative and legislative powers and the extension of administrative and legislative power.Connotation.Only when the relevant concepts are clearly analyzed,can we explore the space for research.The second chapter considers the related basic legal principles for the control of local administrative and legislative power.Jurisprudential analysis of administrative discretion,power control,and procedural control rights are proposed.The concept of the control model of administrative legislative power led by the self-regulation of the administrative agencies and the auxiliary supervision of other entities is proposed.This is also the main institutional concept of this paper,and it also serves as a follow-up Administrative legislative control measures provide theoretical support.The third chapter analyzes the difficulties faced in the operation of local administrative legislative power.The problem is the origin and starting point of the study,and it is the value of the subject.At present,local administrative agencies are leading administrative legislation,and they seek local interests and departmental interests with expanded administrative power.They are willing to legislate,leading to derogation of civil rights,and the addition of obligations everywhere.They infringe upon the legitimate rights and interests of citizens and are in violation of the law.The theme of the era of building a country under the rule of law.The vicious expansion of the administrative and legislative power,the imperfect legislative process,and the lack of oversight by external agencies are all problems that must be faced in the implementation of the control of local administrative and legislative power.The fourth chapter briefly analyzes the problems facing the control of administrative legislative power,and tries to propose a solution path.The fifth chapter puts forward specific measures for realizing the control of local administrative and legislative powers.At the same time,it is also a key part of this article.It mainly consists of three aspects:the establishment of self-regulatory mechanisms for administrative agencies,the improvement of the procedural system of administrative legislation,and the improvement of external oversight capabilities of administrative legislation.The emphasis is still on self-regulation and process control rights that are biased toward the executive authorities.