On The Formulating Procedure Of Administrative Regulatory Documents

Administrative organs are used to and good at regulating economic society by using administrative regulatory document which is one of the effective means to raise the efficiency of administrative organs and cut the costs of administration. Currently, the authority of formulating administrative regulatory documents is endowed to all levels of administrative organs. But the there is no systematic and legislative rules on this authority which will inevitably leads to the misuse of the authority and violation of administrative regulatory documents. This can infringe the legitimate rights and interests of the public.This paper will examine the existing legislation on the formulating procedure of administrative regulatory documents of all the administrative organs among our country. After the examination, this paper will preliminary evaluate the current status about the formulating procedure of administrative regulatory documents by combining with practical experience of the author in Zhejiang Province and other places. Thereafter, this paper will come up with a national and uniform formulating procedure norm of administrative regulatory documents. It must be a norm including the system of making the administrative regulatory documents known to the public, the system of publishing public opinion, the system of explaining the necessity and legitimacy of these documents, and the system of making clear that there is no direct interests to the formulators, which can justify the"minimum justice"in the formulating procedure of administrative regulatory documents and a necessity for this norm to be a fair law. Therefore, the entire formulating procedure of administrative regulatory documents, from planning, drafting, public consultation, legal review, collective discussion to release and implementation should abide by the basic requirements of a fair formulating procedure. However, as general administrative regulatory documents are unable to meet the administrative needs of emergency management in case of emergency, there should be a simplified formulating procedure to ensure efficient operation of the administrative organs.To ensure the administrative activities, the administrative organ shall be rational of the administrative regulatory documents in advance planning, preparation of planning shall report to the social public, for public participation and opinion set aside enough time. In the draft link, drafting authority shall make full investigation in a wide range of listening to public opinion which is formed on the basis of the draft. Open for advice, legitimacy and collective decision through discussion are the necessary procedures for normative documents of the administrative authority. Without open for advice, legitimacy and collective and collective decision through discussion, the administrative normative documents can not be released. In a collective decision through discussion, should implement main person in charge of speech, this is the bottom of making the administrative decision more scientific which is also the inevitable requirement of democratization. Finally, released in the implementation stage, in Zhejiang Province, possessing the region "three unified" system effectively resolve the lack of uniform diameter of administrative normative documents, which is worth to the promotion of the innovation under the existing system in the current fame work.