A Research On The Recording Review Of Administrative Regulatory Documents

The phenomenon of illegal and inappropriate administrative regulatory documents enacted by administrative organ occurs occasionally,which severely disturbs the social order.The recording review has the incomparable advantages by comparison with other current available supervisory mechanisms for the administrative regulatory documents.Because of the existing limitations,the recording review of the administrative regulatory documents can't play its due role effectively.The article studies on the problems of the recording review of the administrative regulatory documents and tries to propose feasible and practical solutions.Except forward and conclusion,the thesis consists of four parts.There are:The first part,the overview of the recording review of administrative regulatory documents.This part studies on the definition of the administrative regulatory documents,and the definition?the classification and the value of the recording review of the administrative regulatory documents.The second part,the currency and the problems of the recording review of the administrative regulatory documents.By taking the existing law and the regulations of Hainan district as the research samples,this chapter introduces the currency of the recording review of the Government Legislative Organ and the People's Congress Standing Committee,and summarizes seven problems:(1)there is no unified state law of the recording review of the administrative regulatory documents;(2)the recording review organs between the Government Legislative Organ and the People's Congress Standing Committee didn't converge well;(3)the power of the recording review is too weak;(4)the judge standard of the administrative regulatory documents isn't clear;(5)there are great limitations on the procedure of the recording review of the administrative regulatory documents;(6)the review standard is too simple and unclear;(7)the power of the responsibility investigation becomes a mere formality.The third part,the overseas experience and the inspiration of the recording review of the administrative regulatory documents.Through the introduction of the institution of the Office of Administrative Law of California in America?the administrative hierarchy review of Japan and the institution of the administrative court of France,this part summarizes three inspirations:the review bureaus should be independent and authoritative;to establish the complete and practical supervision procedures;to establish a prior communication channel.The fourth part is the countermeasures of the improvement of the recording review of the administrative regulatory documents.In order to solve the existing problems of the recording review of the administrative regulatory documents,the author makes seven suggestions:(1)to enact a unified state law of the recording review of the administrative regulatory documents;(2)the recording review of the Government Legislative Organ and the People's Congress Standing Committee should converge well;(3)to enhance the power of the recording review of the administrative regulatory documents;(4)to ascertain the judge standard of the administrative regulatory documents;(5)to promote the recording review procedure of the administrative regulatory documents;(6)to detail the reviewing standard of the administrative regulatory documents;(7)to strengthen the efforts of the responsibility investigation of the recording review of the administrative regulatory documents.