Research On The Jurisdiction Of Chinese Administrative Legislation

With the development of society, the functions of government is gradually undergoing change. Especially after Britain's Labour government proposed the construction of the "welfare type" government slogans, a great expansion of executive power of government to make this power to cover almost from the "cradle" to "grave " life journey. As the Government increased the jurisdiction of affairs, the legislature limited the number of personnel shortage, lack of proficiency in certain areas and not responding quickly enough legislative restrictions and other conditions, to rely solely on the legislature legislation, has been unable to meet the needs of social development. In this context, the administrative legislation as a professional advantage in certain areas, and rapid response to the merits of things, become a form of legislation is very important. Gradually administration gained the legislative powers, thus forming a concept called administrative power. As is well known, as there is no binding power of any possible risk of abuse, so "the jurisdiction of administration legislation, "the concept born out. However, in this specification process, there are some problems. Based on that problem, cause of the problem of the idea of writing this article, the jurisdiction of administrative legislation in China had a brief, systematic analysis.The first part is the basic theory of the jurisdiction of administrative legislation. In the first part of which was divided into three small parts to write, first of all jurisdiction of administrative legislation for the concept and characteristics, as in the current academic research, the jurisdiction of administrative legislation of the different definition of the concept, so this took a certain amount of space to Illustrates this problem; The second small part of the jurisdiction of administrative legislation for the legitimacy of basic research, which includes the power of the administrative legislation and jurisdiction of administrative legislation of the two concepts; Finally, the jurisdiction of administrative legislation for the principles and types, combining the results of academic research, the principles of the jurisdiction of administrative legislation and type in a description of the system.The second part are the jurisdiction of administrative legislation problems and their causes. This is the main part of this paper is the hardest part of this section is divided into two small parts, on the jurisdiction of administrative legislation problems and causes of a system description. The first small part of the jurisdiction of administrative legislation for our problems, this article lists the five questions, namely: the provisions of the jurisdiction of administrative legislation is unclear, unreasonable division of the jurisdiction of administrative legislation, the jurisdiction of administrative legislation over the conflict, the jurisdiction of administrative legislation spread of the use of executive privilege and the lack of legislative protection of rights in these areas; Small part of the second issue of the possible causes listed have a brief analysis on the causes, this paper can not be poor all of their natural reason, but to those who choose their were described.The third part is the last part of this article is the jurisdiction of administrative legislation of the standardization of measures. Divided into five small part, this is part of the study in front of this analysis, the executive and legislative authority in our country needs to be improvement, some own ideas and perspectives. The first small part to clear《the Constitution》and《Legislative Law》; second small part to improve coordination mechanisms; third small part to improve the legislative technique; small portion of the fourth monitoring measures for the improvement, a small part of the last To strengthen the protection of rights. This is the framework of this design and a brief description written by the main content.