Other Administrative Normative Documents Concerning The Standardization Of The Construction

Other administrative normative documents are part of the abstract administrative action,and laws, regulations and administrative rules together to promote the administrativemanagement activities and implement.The quantity and control scope, But in reality, there aremany problems. This paper mainly through to other administrative normative documents ofthe current law and theory research are analyzed, and the corresponding provisions at homeand abroad for reference the advanced practice and theoretical research on the basis of thestandardization of the other administrative normative documents put forward effectiveSuggestions.This paper is divided into four parts altogether:The first part:Other administrative normative documents of the basic theoryresearch.Discussed the other administrative normative documents in the legal level and thename of the theoretical level, this paper summarizes the name use condition is proposed onthe basis of this article take the name. And then analyzes its should have meaning, and on thisbasis, pointed out the necessity of other administrative normative documents.The second part: To our country current relevant provisions lists and induction in Chinais analyzed, and other administrative normative documents present situation, points out itsexisting in making name not unified, formulation main body chaos, authority is not clear,make program is not standard, the content is not high quality problems. In the administrativelaw, some of the administrative subject in order to local interests, abuse of power develop anduse illegal inappropriate other administrative normative documents, avoid legal effective otheradministrative normative documents prescribed obligations. In the judicial application, thereis the judicial organ under the government influence, in reference to application of take ordersfrom that government will phenomenon.In the supervision and review, authority, executiveand judicial departments lack of supervision, review existing coordination problems. Thenanalyzed the reasons causing the problems: lack of government by law idea; Ranking ofadministrative subject thought is serious, and the administrative relative person lack ofcommunication; Law defects.The third part:Discusses the foreign about other administrative normative documentsstandardization advanced experience, the typical representative of France, Germany, theUnited States, Britain’s practice to do a detailed explanation. In France, administrative organs to implement administrative regulations, the administrative court relief shall have the right toreview the legality of the regulations. In Germany, appointed by the parties concernedlegislation can be directly to the constitutional court, the administrative court in the review ofadministrative cases with the review.In the United States, rule-making procedures haveannouncement main assessment procedure, trial type hearing procedure, mixed program three.Regulations, rules, the interested party may through the judicial way to realize the supervisionand regulation. In Britain, the administrative laws and regulations is subject to the supervisionof the parliament and the courts, congress legislation also provides should set up specialadministrative tribunal to solve the administrative activities cause the dispute.The fourth part: In the first three parts on the basis of other administrative normativedocuments on the standardization of the construction in detail.Respectively in concept andsystem of safeguard measures put forward.About the idea of the security, is clear about therequest our country should establish the rule of law ideas, strengthen the administrativesubject and the administrative relative person’s communication and cooperation. Aboutprotection of the system, in the set, this paper proposes the unified other administrativenormative documents, regulating the name of the other administrative normative documentsformulated subject, procedure and content. For clear to establish accountability mechanism,regulating the cleaning system. In the review on supervision, clear the authority andadministrative organs and judicial organs shall review of communication and coordination,supervision mechanism really play a role.