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The Perfection and Development of Supervisory System of Abstract Administrative Act

Author: ZhaoRenZhe
Tutor: ChenBoLi
School: Chongqing University
Course: Legal
Keywords: Abstract administrative act Oversight mechanisms Legislative oversight Administrative supervision Judicial supervision
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 94
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Abstract

Abstract administrative acts of government administrative means. Our implementation of abstract administrative act subject wide, multi-level, to the State Council and its ministries, down to the township government has the right to develop all kinds of the effectiveness of different normative documents, they play an irreplaceable role in real life, administrative organs at all levels of social management. In the process of administrative organs at all levels of administration, between the different parts of the government, the inevitable existence of conflict between local interests; conflict of interest exists between the different departments in the same government administrative. Throughout the recent years, China's implementation of abstract administrative acts and oversight position, we found that, in China in recent years to develop the abstract administrative act of a majority of the legitimacy questionable. [1] For example, some administrative organs beyond the scope of the powers conferred by the Constitution and laws, and the development of abstract administrative act illegal, violations of the legitimate rights and interests of the administrative counterpart, the authority of the executive authorities in the eyes of the masses of the people face great challenges, the people good image of the government out of the question. Such an action would increase the administrative areas of social contradictions, very unfavorable to the establishment of a socialist harmonious society. Therefore, the effective control of abstract administrative act is an important indicator of a country to achieve the rule of administrative law. For our part, have established formal relatively abstract administrative acts censorship, but in the real operation, with little success. Which for many reasons: lack of interoperability in terms of China's National People's Congress of the abstract administrative act supervision; China's system of administrative review, a large part of the abstract administrative acts are excluded reconsideration beyond; abstract administrative acts of the court supervision for our court dismissed the administrative relatively abstract administrative action suits against. At this stage, which makes the legal system memory in many illegal abstract administrative act, and there are a considerable number of illegal abstract administrative behavior has not been found, let alone their modified. The emergence of abstract administrative act illegal, administration by law has caused a huge obstacle, delaying the process of building a socialist country ruled by law. This article from the abstract concept of administrative acts, manifestations, classification to begin to explore the reasons for China there are a lot of illegal abstract administrative behavior, and then analyzes the lack of abstract administrative acts of censorship in our country at this stage. In addition, through the civil law and common law system several representative national introduction of the system, put forward their own proposals on the development and improvement of abstract administrative acts censorship. In this paper, theoretical research and empirical research, macro analysis and micro-analysis combining longitudinal analysis and horizontal analysis method of combining abstract administrative acts of censorship made a more comprehensive analysis of the system. Is divided into four parts. The first part focuses on the basic theory of abstract administrative act. It includes the concept of abstract administrative acts, manifestations, classification, characteristics and our existing abstract administrative act review mechanism. The second part describes the the perfect abstract administrative act of censorship theoretical analysis. It includes abstract administrative act at this stage censorship in China Defection perfect abstract administrative acts need for censorship. The third part is an overview of the foreign oversight mechanisms related to abstract administrative act. Mainly introduced in the United States, the United Kingdom, Germany and Japan, both common law and civil law. The fourth part is proposed to further improve the abstract administrative act of censorship in China several recommendations.

The Perfection and Development of Supervisory System of Abstract Administrative Act

Abstract

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