On The Legal Validity And Application Of Administrative Rules

Administrative rules are important ways for the current government to carry out administrative enforcement and administrative agencies to carry out specific laws.Although these administrative rules were originally designed to allow only internal administrative functions,they do not involve external administrative counterparts.However,the society is constantly developing.In the current legal practice,we can see that the administrative rules are not only effective within the administrative organs in operation,we find that the external effectiveness of administrative rules is more and more in practice.Obvious play.The exertion of the external effects of administrative rules will also have an impact on the rights and obligations of administrative counterparts.Prior to this,the study of the effectiveness of administrative rules,and even the study of administrative rules,were mostly abroad,and there were few studies on administrative rules in China,and there were few studies on their effectiveness.Since the formulation of administrative rules is not as rigorous and cumbersome as the rules and regulations,the production process is simpler than laws and regulations.However,administrative rules are also lack of effective regulation in the specific implementation process.With the trend of increasing externalization,the role of external administrative counterparts is also growing.Therefore,in the field of administrative law,we must attach great importance to the issue of the effectiveness of administrative rules.It is necessary to include it in the research field of administrative law.From the perspective of safeguarding the rights and interests of administrative counterparts,it is also very large.meaningful.This article is divided into seven parts.The first part is the introduction.It introduces the background of the research on the effectiveness of our administrative rules and the significance of its research.It focuses on the research status of the effectiveness of administrative rules at home and abroad.analysis.Judging from the research at home and abroad,the administrative rules are indeed different from the initial ones only in the internal organs,and they will exert their external effects through different forms.The second part introduces some basic questions about administrative effectiveness.Firstly,the concept of administrative rules is defined,and its feature classification is elaborated.Then,the meaning of the effectiveness of administrative rules is analyzed in detail.The third part is mainly to choose the criteria for judging the effectiveness of administrativerules.From the perspective of traditional forms,administrative rules will only be effective within the administrative organs.There are four different types of substance content,and the content of each different type of administrative rule rules is different.According to the content,the effectiveness should be analyzed.Finally,after analyzing the defects of the formal standard,the author decided to choose the content as the standard to judge the effectiveness of the administrative rules.The fourth,fifth,sixth and seventh parts are based on the above-mentioned content judgment criteria,the specific analysis of the effectiveness of different types of administrative rules and their specific research in the application process,from different perspectives on the theoretical level and practical application perspective.The effectiveness of the rules is discussed.