Study. Of The Executive And The Legislature Legitimacy

To rule by law is to rule by good law, so it is unilateral to emphasis law'sconstrained single. Law must argue it's legitimacy and this law maybe get societymember's self-identity and abidance which rise up from theirs hearts. At the same time,the perform of mandatory power can be distinguished from other society forces in thecourse of legitimation. As an important component of our law structure,administration legislation should face with the interrogatory of legitimate too.To reply such interrogatory, we must detailed research the connotation oflegitimacy and administration legislation's legitimacy. With Marx's dialecticalmaterialism, this paper researched the ideologist's viewpoints about legitimacy in thehistory. The paper hold that law's legitimacy is a specific cognition about law' propertywhich is historical and relative. When we discuss the legitimacy, we must discuss itbetween the relationship of productivity and superstructure in a specific society. Onsuch basis, law's legitimacy can be defined that it is a property of law which coincidewith the orderliness and people's value conception which be determined by specificsocietal material conditions, and thus earned conscious obedience. As administrationlegislation be concerned, its legitimacy ,on the one hand, must be seeked in thesociety condition which administration legislation based on, on the other hand, must beexplored the outlet from the contradiction between the administration character andlaw's legitimacy. In this article, the standard of administration legitimacy in generalrepresent in three basic aspects, which are legitimacy of subject and power purview,legitimacy of legislative course and legislation's legitimacy.The proffer of administrative legitimacy's standard evinced probability ofadministrative legitimacy, but how to achieve it is another question we have to face. Inthis paper, to achieve administrative legitimacy is be regarded as a course. This course,at first, is established on the base of society necessary, and second, is displayed in thecourse of legitimation, which includes reciprocity between administrative legislatures,participator and supervisor until social community form a value's acceptability. Of course, institution is needed. Value's acceptability depend on social basic values and acommunication course. Administration legislation's legitimacy will realize in thiscourse.In the development of our legal system, we have obtained great achievement. Butin comparison with the theory of administration legislation's legitimacy and the caseswe may find the deficiencies. The ambiguity of the subjects and the purview, thelowliness and insufficiency of open and democracy partake, improper legislation'svalues, supervision's deficiency are the main problems in our legal. We needconsummate administration legislation from institutions and notions.