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Analysis of Representations and Causes of the Conflict between Administrative Regulations and Law

Author: LinZuo
Tutor: ZhuMang
School: East China University of Politics and Law
Course: Constitutional and Administrative Law
Keywords: Administrative provisions Law Conflict Performance Reason
CLC: D912.1
Type: Master's thesis
Year: 2004
Downloads: 208
Quote: 2
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Abstract


Administrative provisions to the administration on the basis of the administrative organs , and plays an important role in the activities of the administration . However, the administrative provisions play a role in the historical process of the rule of law and building a socialist country ruled by law \In this paper, the concept of administrative requirements defined in this depth discussion of the effectiveness of the administrative requirements should be natural and Real . Combined with concrete examples and case analyzes the performance of the administrative provisions conflict with the law are summarized , classification and profiling . From administrative requirements to develop the main conflict with the law point of view, can be divided into : administrative provisions administrative body functions closely related , but the administrative requirements are beyond the authority of the executive authorities ; administrative provisions and administrative body functions , but because of the traditional the inertia of the way of the administration , the executive authorities still continue with the inherent way of thinking to enact administrative regulations for the administration ; administrative regulations and administrative functions of the main the administrative subjects beyond the administrative privileges to develop administrative provisions . Without administrative provisions published as from the administrative requirements to develop and release procedures conflict with the legal point of view , can be divided into : administrative provisions from the announcement to the implementation of the time interval is too short , the lack of implementation of the necessary preparations , do not have the practical rationality ; the external administrative basis , contrary to the principle of administrative public . From the provisions of the administrative provisions conflict matters and legal point of view , can be divided into : administrative provisions matters of public power conflict ; administrative provisions matters with the private rights conflict . This paper discusses the reasons of administrative provisions conflict with the law , pointed out that the lack of modern legal thought , the concept of the modern administrative deviation , administrative regulations and laws of the ideological roots of the conflict ; principled and lag law , administrative authorities want to do something more than the necessary limit the formulation of administrative regulations , administrative provisions conflict with the law roots ; idea of \, administrative provisions conflict with the law .

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