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On The American Consultative Regulation Making Procedure And Its Enlightenment

Posted on:2020-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:C F ZhangFull Text:PDF
GTID:2416330602456571Subject:legal
Abstract/Summary:PDF Full Text Request
The development of modern social market economy mechanism and the opening of social structure are becoming more and more diversified,and different interest groups will have different demands for the formulation of administrative regulations,which will lead to more contradictions and disputes in the process of formulating administrative regulations.The traditional administrative regulation making procedure has been difficult to meet the needs of the public and enterprises to protect their own interests,and the neutrality of the government in formulating administrative regulations is often questioned by the public because of the oneness of the main body.These problems should be faced squarely and solved by government departments in the current administrative and legislative environment.The study of administrative and legislative procedures in the United States has been very perfect.In view of the problems of irregular government authorization procedures,difficult to collect government information,and questioned government neutrality in its traditional regulatory formulation procedures,the United States applies consultative rules and regulations to solve them,and makes use of the consultation mechanism.It can effectively avoid the antagonism produced by the traditional public participation in the legislation and a series of confrontation between the public and private sectors caused by the problems of trust and interest ownership,and has a good effect in dealing with the problems existing in the process of administrative legislation.Therefore,it is necessary to study the administrative and legislative procedures of our country and the participation of the public in the administrative legislation.Design has a good reference function.In contrast,the problems encountered by the US administrative department in applying the procedure to make regulations should also be a warning to us,such as the public's doubts about the ability of the government to make regulations,and whether the rights of the public should be restricted to a certain extent when participating in the formulation of regulations,and should also be used as a reference for the study of this issue.The consultative regulation-making procedure provides us with a model that combines the design and supervision mechanism of specific procedural norms.By studying and drawing lessons from the advantages of consultative regulation-making procedures,we also draw lessons from the problems that occur in the application of this procedure in the formulation of regulations in the United States,thus establishing the scope of the subject of administrative legislative motion in the administrative and legislative procedures of our country.The media of public access to government regulations and the perfection of responsibility investigation system bring enlightenment to the standardization and supervision of hearing system.
Keywords/Search Tags:Lonsultative rulemaking procedure, Adversary procedure, Legislative drafting model, Administrative consultation
PDF Full Text Request
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