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The Research of Administrative Legislation Censorship

Author: MeiWei
Tutor: LiuYi
School: Southwest University of Political Science
Course: Constitutional and Administrative Law
Keywords: Executive and Legislative Review Delegated legislation Administrative normative documents Judicial Review
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 61
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Abstract


With the social and economic development to the deeper contradictions and conflicts between different stakeholders is increasing need to maintain a vested interest, increasing the number of the executive and the legislature both administrative subjects necessary to fulfill administrative functions. Requirements in order to respond to this change, and building a harmonious society, the need to establish a balanced expression of interests and the interests of the executive and the legislature review mechanism, able to accommodate research review of the executive and the legislature, in theory, can be given a legitimacy and effectiveness of the executive and the legislature the basis of the theory, and to deepen our understanding of justice, democracy, scientific, reasonable administrative regulations, regulations produce beneficial in practice. This article is based on the analysis of China's current administrative legislation review mechanism, to learn from foreign system, trying to give some constructive advice of the Executive and Legislative Review System. Firstly, to conduct a detailed analysis of the current administrative the legislative review research background, clear the initial establishment and improvement of the necessity and urgency of the executive and the legislature censorship, at the same time, the theoretical study of the executive and the legislature censorship through systematic analysis, to explore the current Executive and Legislative Review and practical significance, and reveals the trend of the development of its showing in the ascendant. Second, to further define the concept of the executive and the legislature, Administrative Law within the use of a clear concept of the executive and the legislature, referring to enjoy the development of the administrative body of administrative regulations or regulatory powers according to the legal powers and legal procedures to develop the activities of the normative documents order to define the scope of the study, clarifying the scope of the study, the author of the behavior of the executive authorities formulate normative documents into two, one is the executive and the legislature, another abstract administrative act is classified. The same time, the author of the executive and the legislature and foreign widespread but very different connotation appointed legislature for comparison, both in common: first, the appointment of a legislative or administrative legislation reality an abstract, rather than legal noun or conventional terms; the second-appointed legislative or administrative legislation refers to the activities or conduct of the executive authorities. On the other hand, the executive and the legislature and normative documents in the development of the main scope, nature, procedures and forms a clear distinction leads to problems, that is, the executive and the legislature and abstract administrative act \, and puts forward the need for censorship of the executive and the legislature to establish. Again, through the analysis of the executive and the legislature censorship in Britain, the United States, France, Germany, Austria and other countries, and then to conduct in-depth analysis of the current system of the executive and the legislature, summed up the problem of the existence of the executive and the legislature, the executive and the legislature censorship. Finally, regression practice from theory, put forward several suggestions to improve the current executive and the legislature censorship, not only from the legislative, administrative and judicial perfect censorship of the executive and the legislature, but also the introduction of the expert review and public participation, and specific entity made a detailed exposition aims to provide a point of reference to establish and perfect the system of legislative review of administrative and procedural aspects.

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