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On the Control of Administrative Legislation Power

Author: TangYaHui
Tutor: NiHongTao
School: Xiangtan University
Course: Constitutional and Administrative Law
Keywords: Administrative legislation power Supervision Programme Control Public Participation
CLC: D922.1
Type: Master's thesis
Year: 2012
Downloads: 7
Quote: 0
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Abstract


With the great change of eonomics, society and government functions,administrative legislation appeared after the SecondIndustrial Revolution as agovernment intervention measure. China’s understakings have made remarkable progresswith the rapid economic development. In nowadays, protecing human rights and citizens’legal rights has becoming the mainstream of the legal system construction. As a socilistcountry, all kinds of China’s rights belong to its people. According to China’s basicnational conditions, the NPC, the sole authority, can’t meet the demand of China’s socialdevelopment. In order to adopt to the trend of global legal system and build a bettersocilist legal system with Chinese characteristics, Chins’s administrative legislationpower has been shaped.China’s administrative legislation power comes from the NPC and its standingcommittee, therefore the administrative legislation power is subjected to the legislativepower of the NPC and its standing committee. According to the Consititution,administrative legislation power only can be used within the scope prescribed by law toformulate administrative laws, rules and regulations. Thus, administrative legislationpower has to be exercised with authorization from the NPC and its standing committee inaccordance with the Consititution.This thesis focues on the expansion of the power of administrative legislation,reviews the history that administrative bodies been authorized, and analyzes theperformance of legislative power’s expansion. It suggests to control the administrativelegislation from four aspects:1) strengthen self-supervision of the administrative bodies;2) thoroughly implement the supervision and control of administrative bodies;3)strengthens legistrative program control; and4)enhance public supervision andprticipation. It also gives prominence to the necessity of control of administrativelegislation power

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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