Research On The Regulation Of Non-power Administrative Mode In Local Legislation

Due to the lag of host law,the absence of local legislative authority and the restriction of "principle of non-conflict",local legislators are always caught in the dilemma of "inaction" and "ultra vires" during their practice of local legislation,which has bad impact on the smooth realization of the goals of "ruling the country according to law" and "a law-based government ".Because of the limitations of the upper law,the pressure of the higher authorities,the heavy administrative tasks and the pressure of the public opinion,the non-power administrative mode gets more and more use.These methods are binding administrative bodies rather than relative people to the administrative organs to fulfill the needs of social management.The promotion of the power administrative behavior to the non-power Administrative Behavior transformation,maintains the non-power administrative mode flexibility and the flexible multi-function,its combination purpose and the actual effect is more obvious;But in terms of the legality of the legislative provisions and the legality of enforcement,there are also the interests of the Department,the freedom of legislation,the conflict between policy and law,the alienation of power,The lack of matching system and other problems,through the interaction of multiple interestsand game constraints and restrictions on the expansion of administrative power,through the practice test into the local legislation of non-power administrative way,through a variety of investigative means to screen out the real compliance with the administrative body and the interests of the legislative needs of the people.Finally,the independent and systematic construction of non-power administration is the best way to solve the problem.