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Analysis Report on the Clearing off of Administrative Rules

Author: GuJie
Tutor: YeBiFeng
School: Shanghai Jiaotong University
Course: Legal
Keywords: administrative rule clear off administrative rulemaking function
CLC: D922.1
Type: Master's thesis
Year: 2008
Downloads: 89
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Abstract

On the basis of the data collected during the 5th clearing off of administrative rules carried out by the State Council, this dissertation explores the issues in terms of the clearing off of administrative rules both from theoretical and practical perspectives and discuses the nature, the suggestions put forward and the functional position of the clearing off of administrative rules, so as to find its role in promoting good administrative rulemaking. The organization of the dissertation is as follows: chapter I discusses such basic information about the objects, the time, the classification of suggestions obtained from the 5th clearing off of administrative rules; chapter II sums up the causes and reasons for the administrative rules that are suggested to be annulled or revised; chapter III discusses the nature and core functions of the clearing off of administrative rules and the systems that should be introduced into the clearing off. In addition, the possible means to solve the problems are explored during the discussion. It is concluded that administrative rules should dovetail superior laws and not contravene superior laws, be compatible with the rules of the same legal status, and focus on their operational characteristics. Also, special attention should be paid to the time when a new law is promulgated, an administrative rule expires, a special administrative law is promulgated, an international convention or agreement is signed, an international commitment is fulfilled, or a major reform measure is implemented. Finally, the dissertation proposes that the systems such as legislative review, judicial review and sunset provisions be studied and introduced into legislative rulemaking.

Analysis Report on the Clearing off of Administrative Rules

Abstract

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