Study On The Provision Power Of Administrative Measures

The first paragraph of Article 89 of the Constitution stipulates that the State Council has the power to stipulate administrative measures and the power to make administrative regulations.However,there is no relevant provision in the constitutional system of our country to supervise the power of administrative measures.Today,in the comprehensive advancement of the rule of law,it is necessary to conduct research on the administrative measures that the State Council enjoys,clarify the relationship between the administrative measures and the power to make administrative regulations,and provide a theoretical basis for defining the relationship between legislation and administration.Through the combing of the connotation of the administrative measures,it is demonstrated that the administrative measures enjoyed by the State Council mainly point to the internal administration prescribed by the State Council to implement the administrative duties of the lower-level administrative organs in order to implement the Constitution,laws,regulations and international treaties and agreements.Management practices.In view of the practice of administrative rule of law in China,it points out the necessity of strictly distinguishing the administrative measures stipulated by the State Council and the administrative measures stipulated by local governments at all levels.However,in China’s theoretical circles,there is no strict distinction between the two.On this basis,the administrative measures are positioned as administrative power with internal legal attributes.At the same time,how to supervise the State Council’s administrative measures is also a serious issue facing the rule of law.To this end,it is necessary to define the rule of law for the administrative measures themselves,and to limit the exercise of the powers of administrative measures by means of the legal superiority,legal reservation,and proportionality principle.At the same time,in order to make the internal law positionally worthy of the name,it is necessary to conduct external supervision over the administrative measures stipulated by the State Council,conduct legality review on the right to interpret administrative measures,and conduct constitutional review of supplementary and creative administrative measures.