On The Pre-determinative Function Of "Good Law" In Administration By Law

Administration by law is the fundamental basis, core content and key location of carrying out the general plan of running the country by law, which is also the difficult point in practice. In the practice of administration by law, there exist a series of problems such as disorder, arbitrariness, enforcement with force, interests pursuing and selectivity. The imperfectness of the administrative laws, non-standard legislation process and inadequacy of good laws are the mainly important causes. It can be seen the realistic harm caused by non-existence of good laws and existence of bad laws from two actual case: peasant laborer's getting employed in cities and house dismantling in city construction. Therefore ,it must be explored that legislation improvement to promote administration by law, which is the the basis works of administration by law.The important cause that hinders administration by law is the faulty administrative law system and low legislation quality. therefore, it is the effective approach to promote performing administration by law, that perfecting law system structure , improving legislation quality practically. The paper mainly analyzes the impacts resulting from the current inadequacy of good laws on administration by law. Suggestions and matching measures are put forward in terms of regulating laws, perfecting administrative laws and regulations as well as bringing good laws into play. The imperfectness of administration legal system are exist on the basis of such problems as arbitrariness, interest-pursuing, selectivity in administration by law, abuse of right of free-judgment in administration, and blind areas in legislation construction Judging from the relation between administration by law and legislation , it can be seen that administration by law depends much on good law as well as quality of legislation and a perfect legal system, which decide administration behavior process; What hinders administration by law is also due to administration legal system showing that non-standard and non-precision legislation in administrative organs'performance of the matching power, the construction of administration legal system has lagged , the transverse direction between homothetic policy has conflicted and real problems resulted from the confliction of super ordination law and lower ordination law ,what due to the problems in legislation system. Because of all above these factors,as well as ineffectiveness of National People's Congress supervision, Judiciary supervision and social supervision, the aspect has brought out that performing administration is not according to law.The basis performing administration by law is good law, whose standards to judge are that attribute of laws, forms of laws and legislation procedure. We should do as follows to push forward the construction of good law: First, we should push forward legislation system reform to improve the transparence of administration legislation and public's involvement in legislation. Second, law and regulation about standard government behavior and administration procedure should be set up by enlarging the authority organ's legislation specific gravity to strengthen the construction of administration legislation system. Third, legislators'quality can be improved by perfecting the personnel system to improve their legislative ability. Fourth, control and supervision of administrative legislation can be promised by reinforcing an administrative legislation, perfecting administrative legislation supervision mechanism and revising the relevant laws. Fifth, inside legislation procedure can be further perfected with through discussion in legislation organs ,perfecting deliberation procedure and introduction of debate procedure. Sixth, legislation technology can be improved by enhancing laws'operability, effectiveness, prevision to promote laws'actual effect and stability.