Study On Departments' Interest Control In Administrative Legislation From The Perspective Of Public Policy

Under the current administrative and legislative systems in China,after the legislature grants the legislative power to the executive authorities,the administrative organs have relatively free access to the legislative resources.In the administrative regulations drafted by the department,the power and interests of the department are expanded,and legislation is used as a means.Consolidate and strengthen various functions and powers of the department;minimize and weaken the responsibilities and obligations that the department should bear.As an expression of public policy,administrative legislation is aimed at solving public problems,achieving policy goals,and realizing public interests.However,the interests of the administrative and legislative departments are inconsistent with the goal of achieving public interests,and bring great harm to policy subjects,objects,and goals.For policy subjects,the interests of administrative and legislative departments have undermined scientific decision-making and undermined the credibility of the government;Unclear managerial power,mutual wrangling,and reduced administrative efficiency;directly or indirectly gaining benefits and breeding power corruption.For policy objects,the interests of administrative and legislative departments interfere with the distribution of social resources,resulting in unfair treatment of policy objects and undermining social fairness and justice;for policy objectives,it mainly affects the realization of maximization of public interests and interferes with normal production.Business activities disrupt the market economic order.Therefore,seeking effective ways to control the interests of the administrative and legislative departments is of practical significance to comprehensively promote the reform of the administrative system and has a positive effect on ensuring the administration of the law.The interests of the administrative and legislative departments,public policy analysis,public policy choices,and public interests are the basis for this article.This paper aims to analyze the causes of the current problems and to study the background and practical reasons for the interests of the administrative and legislative departments.Based on the analysis of the "Regulations on Gas Management in Jiangsu Province" and the "Patriot Act of the United States",we have explored the problem of departmental interests existing in the legislative process of both domestic and foreign administrative regulations,whether related issues have been effectively controlled,and what effective control channels have been adopted.In order to draw lessons from the experience of domestic and foreign cases of administrative legislation in controlling the interests of departments.From the theory and practice,it summarizes the three major ways to control the interests of the administrative and legislative departments: First,the concept of policies,the executive authorities consciously establish a policy concept that starts with the public interest,including the change from the concept of management to service,the deepening of the concept of democracy.The second is the standardization of procedures,including the establishment of an open system of administrative legislation and the improvement of the administrative legislation hearing system.Third,legislative supervision,including strengthening the review of the legitimacy of administrative regulations,improving the judicial supervision mechanism and strengthening the supervision of the authorities.The three major approaches,from the source governance,process supervision,and peripheral management and control of multiple nodes,effectively control the interests of the administrative and legislative departments,and have certain reference value for the establishment of a socialist modern democracy and the rule of law.