Research On The Motion Right Of The Relative In Administrative Legislation Procedure

For long time, our country Administration Lawmaking takes government as basis and replace the Relative's will with the administration will of, the lawmaking suggestion power is generally and all exercise by specialized organization. Therefore, at our country, in spite of the relation person whom the rights is influence by administration lawmaking, be still a common citizen, can't bring up administration lawmaking a suggestion. The start stage of the administration lawmaking is public to participate of lack, make some and opposite person's benefits closely related, but again is the item that the administration organization neglect can't get into the realm of laws norm. However, the sex and pleasing of the open of administration lawmaking should pierce through the whole processes of administration lawmaking, from the start of administration lawmaking procedure, arrive draw up of laws and regulation, again arrive pass with to laws, regulation implement the valuation of effect. Now, the Administration lawmaking procedure activity after start has already gradually opened and the establishment rises to ask for drafted plan opinion system and listens to certificate system. This is the important progress that the administration lawmaking opens sex with pleasing. But this isn't enough, we have to open the start procedure of administration lawmaking still from the system, give an opposite person the administration lawmaking suggestion power, let the citizen participate draft of law drafted plan. This kind of participate can make up a lawgiver information shortage of blemish, be good for lawgiver to discover a problem, and make its lawmaking can go for the reasonable more. Be concentrated people Zhi, body now the graveness of the public sentiment's raising Cuo, its meaning and function be obvious.This text is exactly at thus of under the background create of, main divide four-part cent. The first part is administration opposite person the lawmaking suggestion power concept overview. Stand opposite a method suggestion power to carry on an explicit define first: then the lawmaking suggestion power is the right in the legislative power scope, lawmaking suggestion power's being the right, lawmaking suggestion power of not particular corpus be an uncertain creation to is a kind of procedure right in response to the right, lawmaking suggestion power of result.Later on at comprehensive to various concept analysis after put forward this text define of administration opposite person law-making suggestion the concept of the power. The administration lawmaking suggestion power of so-called and opposite person, in brief speak be administration opposite person by law to have administration legislative power of the administration organization put forward of relevant establishment, modification or rescind a certain lawmaking the lawmaking of the document an application, the administration's organization should make to correspond a processing to the application of administration opposite person by law, if the administration opposite person's processing to the administration organization defy, can request a law succour by law. This all read to give attention to both the suggestion system of opposite ginseng and administration lawmaking of all three part: Opposite person the administration lawmaking suggestion power exercise(namely put forward establishment, modification, abrogation administration lawmaking the lawmaking of the document application), the administration lawmaking organization to the lawmaking suggestion that the opposite person put forward makes a source reason, and to opposite person the succour of the administration lawmaking suggestion power. The end carries on power and related concept of the lawmaking suggestion differentiate and analyze with further explicit origin the text definition of concept.The second part aims at the our country administration lawmaking suggestion power system of illegal cure to turn tendency, analyze in the norm with comparison research of foundation top opposite to administration person lawmaking suggestion power system of the theories foundation made analysis, include legal theory to learn foundation, constitutional government foundation and administration method to learn foundation.The third part is Chinese and Foreign the opposite person is concerning the administration lawmaking suggestion the lawmaking of the power practice analysis. Currently domestic and international concerning administration opposite person lawmaking suggestion the research of the power didn't yet be large scale to open an exhibition, regardless is a law to rule, practice an operation still a theories study all very perfect, our country public participate wide degree and depth of administration lawmaking, with other nation compare to still exist bigger margin. Therefore, this part emphasize analytical our country current administration lawmaking present condition and our country concerning administration opposite person lawmaking suggestion the related lawmaking of the power practice, for this text the system of the fourth part set up to provide fulfillment foundation.The administration opposite person passes to exercise a lawmaking suggestion power to participate administration lawmaking, can develop the administration opposite person's positive effect, the exaltation administration laws, regulation and the norm document's quality in candor, rationality, easy to their smooth enforcements, but also in the meantime the problem of some systems. The blemish of system design will make the suggestion system become formalistic to could not reach the effect that should have, and return possible severity to hinder an administration efficiency and make lawmaking suggestion the function of the power be not only hard to show, probably get just the opposite, produce negative result. Therefore four-part cent carried on thorough analysis to the system obstacle which sets up our country administration an opposite person a lawmaking suggestion power first, point public to participate a mechanism not perfect and administration lawmaking procedure of right's violating to lack valid succour path is it main system obstacle. Draw lessons from beneficial experience of all countries, area in everyplace, the writer think, our country in response to sound and perfect administration lawmaking procedure, raise administration lawmaking the lawmaking layer of the procedure, lower suggestion cost, perfect public participate the direct mechanism of the succour system and administration lawmaking of administration lawmaking, with realization opposite to administration person lawmaking suggestion the system of the power guarantee. Among them perfect succour system for guarantee administration opposite person lawmaking suggestion the power have to close an important function. Logical speak from the law, now that give an opposite person suggestion power within administration lawmaking, the item's right should include a legal guarantee, there is no valid succour path, the suggestion power in opposite person's experienced government lawmaking cans not get a practical guarantee, the opposite person possess of lawmaking suggestion the power is also exist in name only. Analyzed administration an opposite person a lawmaking suggestion the basic principle of the power later on, induce it as the independent principle, equal principle and the convenient principle. Finally under the commander-in-chief of above-mentioned principle, the writer set up the administration in the heart an opposite person to move the method suggestion power system, and from the lawmaking suggestion power of corpus, lawmaking suggestion the scope, lawmaking suggestion of the power the entity rule, lawmaking suggestion of the power the carry out of procedure rule and lawmaking suggestion power of the power five aspects put forward a concrete system design.This text get the conclusion of is should give an opposite person administration lawmaking in of suggestion power, want to give a guarantee from the lawmaking level first, secondly should make an explicit provision to that exercise of right, finally in response to bring it into the administration to reply the be subjected to of argument and administration litigation case scope. The system of this a series set up to break current administration to reply argument and litigation frame, for the guarantee of the opposite human rights benefit and the exaltation of the democratization degree of the administration lawmaking, and the administration will reply the reform of argument system and administration litigation system to all have certain meaning in the future.