On The Establishment Of Examination Mechanism Of Administrative Regulations In China

Administrative provisions for the administration of an important means, andadministrative provisions on research, both in the legal system and theoretical research arerelatively lacking, as China’s rapid advance of the legalization of a direct impact on ouradministrative enforcement level and the rule of law, the government of the building. To thisend, standard for the administrative provisions in the administrative litigation cases, thenature of the problems identified should examine how to do a systematic study of the in-depthanalysis. Its main purpose is to study the rule of law in our current circumstances, theprovisions of administrative nature, status and role in the administrative litigation cases givethe correct understanding and evaluation, so as to clarify administrative provisions in theadministrative proceedings, if there is legal how should examine conflicts identified. Toprotect the rights can be fully effective exercise and organic unity. So this choice a caseanalysis and combined with theory, while the use of comparative analysis, dialecticalanalysis, historical analysis, semantic analysis, case studies and other research methods.The first part through the case raises questions. Plum mine case is a typical case ofadministrative rules and regulations applicable, the case in the executive based on "Chongqing Human IESS injured workers injury insurance benefits on the issue of approval"did not discover the plum got mine Young XX enabled after pneumoconiosis injury treatmentfund, but the responsibility will be pushed to the treatment of mine bear plum, plum villageled to litigation.The second part provides an overview of the administrative nature of the presentation.This chapter introduces the concept of administrative regulations, administrative provisionsestablished to clarify the meaning of the reason; administrative provisions has thecharacteristics, nature and status. Administrative Law at the moment exist in society areenormous, which is determined by the characteristics of his own, but simple administrativerequirements, in a certain period of time for the administration to play a positive role. But he,as administrative normative documents and did not rise to the legal, whether the proceedingsas a basis for specific administrative act. To this end, the provisions of this chapter to theChief ’s position, analyzed.The third part of the legality of administrative regulations are discussed. First, what is the legality of the content are described, followed by an analysis on the legality of the last tobe invalid under what circumstances, under what circumstances is revocable made a point.The fourth part of the administrative provisions on the above basic understanding of theconcept and how it should be how to determine the legal status, combined with China’scurrent administrative litigation practice, on the legal theory of the legal rules applicable toanalysis of the situation, on the basis of administrative proceedings administrative provisionsapplicable laws conflict occurs resolution mechanism put forward my point of view.Efforts to solve this," administrative provisions " in theory and practice in the position,as well as its legal nature, value and legal status of the correct understanding of the objective,while for the administrative provisions in the administrative proceedings when the conflictresolution mechanism, Chief further enrich and improve the rule of law, building of judicialreview of administrative regulations specific system content.