Dissertation > Political, legal > Legal > Chinese law > Administrative law

Legal Restriction on Other Administrative Regulations

Author ChenGuo
Tutor ZhangXiaoLing
School Huazhong University of Science and Technology
Course Legal Theory
Keywords Other administrative normative documents Legal Regulation Standardized management
CLC D922.1
Type Master's thesis
Year 2011
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Other administrative normative documents for China's economic construction and social stability and make a positive contribution, it is in the executive implementation of laws, regulations and implement policies to fulfill their social management functions, such as playing other administrative means an irreplaceable role. However, due to other administrative normative documents at this stage there are many problems hindering its development of the rule of law on the track, thereby affecting the rule of law, the extent and quality of administration according to law. For other administrative normative documents regulating, into the orbit of the rule of law, is the development trend of administrative law, but also the history and reality of the inevitable requirement. To this end, the author in order to compare with the successor, comprehensive and reference, static and dynamic, theoretical and practical discussions of these complementary ideas for other administrative normative documents regulating discussed. This paper is divided into four parts. By the first part of normative documents on other administrative definitions, characteristics, and related concepts to develop the subject and the analysis was carried out as defined under other administrative normative documents of the theoretical basis and practical significance of the argument that the other administrative normative the necessity of development of the documentation. The second part of the presentation of other administrative status of the development of normative documents, administrative and judicial apply for status quo situation, the analysis stage of China's other administrative normative documents on the development and supervision of the main problems. And from the historical, institutional, legislative and other aspects of analysis of its causes of the problem. The third part discusses regulatory normative documents other administrative significance, only its regulation in order to effectively curb the executive authority of alienation, to ensure the specific administrative act lawfully, improve the administrative constraints mechanism. Then put forward its regulation should take legal administration as the basis for authority to impose restrictions as the key to administrative costs - benefits for the pursuit of the guiding ideology. The fourth part in the demonstration on the basis of the above analysis, the author further proposed for other administrative normative documents in the formulation of the main qualifications by the statutory formulation, clearly established rights, rule development process, dividing range effectiveness and other laws and regulations level thinking, and then for proposes strengthening sexual organs, administrative organs of supervision measures and highlighted a normative documents will be included in other administrative judicial review, the idea of ??building the system of judicial supervision. In conclusion, the author believes that other administrative normative documents problem is the inevitable process of its development, and ultimately can be overcome. Legalization of the track into other administrative normative documents is bound to the rule of law, administration play a greater role.

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