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On The Other Decision Procedure Perfect Of Administrative Normative Documents

Posted on:2013-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2246330374991936Subject:Constitution and Administrative Law
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Modem society is administrative society, the comprehensive and effective exercise of executive power plays an very important role in the social management and safeguard to the legitimate rights. While administrative regulations and administrative rules play an important role in the exercise of executive power, however, due to the limited nature of its normative content and the stringency of the debut, leading to it could not meet the need of exercise of executive power completely. In this embarrassing situation, the other administrative normative documents came into being, used to constrain some specific behavior, in order to make up for its lack.So-called the other administrative normative documents, which is formulated and issued decision, order, or administrative measures by the authority organ, to a certain degree to make up for the shortage of administrative regulations and administrative rules quite well, to ensure that the executive power could be exercised effectively.But as it plays an important role, it is should be also noted that because of the shortage of specific uniform standard and norms of these documents, leading to different kinds of problems in the implementation process, resulting in great social negative effects,has impeded seriously its role play of the other administrative normative documents. Hence, how to constrain the formulated procedure of the other administrative normative documents through legal means has become research subject, urgently to await norms by reasonable measurements.This article is based on this theory, was chose as the research topic. The article was divided into four parts, discussed layer by layer.The first part is an introduction section, discussed against the background of research content, purpose, significance, methods and research situation, through the collection and analysis of relevant literature, scientific elaborated on research situation of the other administrative normative documents formulated procedure legal regulation, in order to lay the root for the article discussion. The second part is an overview of the other administrative normative documents formulated procedure, a brief introduction of the other administrative normative documents’meaning and characteristic, and the other administrative normative documents formulated procedure. Elaborated on the two necessity of the other administrative normative documents formulated procedure norm. Reasonable formulated the other administrative normative documents is better for protection of administrative relative legitimate interest, at the same time, which can also effectively norm and control administrative organ to exercise executive power according to the law, in order to supply the reason for being of the perfect of the procedure of the other administrative normative documents formulation, to lay the foundation of the discussion for the below. The third section introduced the four areas of non-strengthen schedule, non-standard censorship procedure, not enough degree of openness,non-standard procedure of putting on record, integrated with the specific case to explain profound theories in simple terms, to point out the specific manifestation of such problems. Then go deep into the deep-rooted source of these problems, pointed out that the problem sources are inadequate legislation, the weak awareness of protection of human rights relative to the administration, local protectionism, to foreshadow reasonable legal regulation measurements for the below. The fourth section mainly elaborated the perfect measurement of the other administrative normative documents formulated procedure, to analyze from the aspect of formulated planning, drafting procedure, censorship procedure, published procedure, filed on record procedure, to put forward practical proposal to improve the other administrative normative documents formulated procedure.The article structure is compact, gradation is distinct, to explain profound theories in simple terms around the main body of the topic, pointed out the perfect measure of the other administrative normative documents formulated procedure.
Keywords/Search Tags:the other administrative normative documents, formulated procedure, perfect
PDF Full Text Request
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