The Control Mechanism Of The Administrative Legislation In Western Countries And The Enlightenments To Our Country

The appearance and development of administrative legislation is a product of the change of governmental function since the end of 19th century. The legitimacy of administrative legislation is doubted because it contradicts the important constitutional principles such as separation of powers and democracy. But the key problem of administrative legislation rests with the absolute necessary in practice, not the justification in theory. So the focus of administrative legislation transforms from the legitimacy to the control mechanism. The integrated control mechanism was established in many western countries. The legislature and the judicial play important roles in the control system. The legislature can use a series of ex ante and ex post methods to control or shape the regulation making of the agency. The administrative procedure becomes especially necessary, which features the participation of the public and the interested parties. As an ex post method, judicial review is regarded as a regular method with highly traditional authority. Many problems exist in China's administrative legislation, and the control system needs to improve. Absorbing good experience of western countries' control of administrative legislation for reference, we should strengthen the People's Congressional control, establish proper administrative procedure and start up judicial review.