Reflection And Reconstruction Of The Style And Model Of Local Administrative Procedure Legislative In China

In April 2008,the Hunan provincial government promulgated the 《Prevision of the administrative procedures of the Hunan Province》,in order to regulate the executive administrative power and to protect the rights and interests of citizens well.Because of the legislation of administrative procedure act in China is still in the initial stage,many basic theories are not clear,resulting in that the different local administrative procedure legislation have a different style,the reason is that the choice of different legislative style and model is different drastically.Therefore,it is very necessary to analyze the existing legislative style and model of the administrative procedure legislation,and to sum up the theoretical foundation and realistic soil.The style and model is the external form of the administrative procedure law.Throughout the global legislation of administrative procedure,the administrative procedure legislation in some countries is the unified administrative procedure law and administrative procedure law is separate from the administrative procedure law to form a system,while some others cases without written law.But in our country,the local administrative procedure legislation has formed before the national administrative procedure legislation,the discussing for whether the legislation of administrative procedure should to be a code or a special administrative procedure law has losing the meaning.For the local administrative procedure legislation has become hot now,more important questions for the specific local administrative procedures legislation is that the provisions of its internal structure should adopt which model.In this paper,the author redefines the procedure style and model from the internal perspective.Although there are many local administrative procedure provisions,but the content and form of those administrative procedure legislation is not have a unified standard,led to the different administrative regulations and normative documents issued have a different model.In the text structure of administrative procedure law and the choice of content for the administrative procedures to regulate the choice,the place in the legislation of administrative procedures are not a fixed or consistent standard,the local lawmakers’ opinion on that also is not uniform.But the legal document structure and content selection is the most important factors for the local administrative procedure legislation,especially the logic line of the textual structure and the selection directly affects the content selection of the administrative procedure legislation.Although the study of the legislative style and model is not a new topic,but for the architecture style of text model still belongs to the academic blank,this theory researching is very lacking and also belongs to the frontier of administrative law.At present,the academic study is only limited to the definition of the legislative model under the external perspective.But in the current legislative environment,the more important internal perspective structure model is rarely studied.In the existing legislation of administrative procedure,the "style","model" of legislative is often directly as "style model".But when we take the specific view to the "style" pattern of usage,we can find it used more similar to the "style” is equivalent to the above definition of "model" of the content.That is to say,in the present scholars generally for the study of the “style model ”,although the mention of this two words,but the study under the concept content is limited to the word of “model” but not have content of the legislative style.Most of the scholars of administrative legislation “style model” research the end result is what should be the choice of the code of administrative procedure legislation or administrative law legislation model,and for administrative legislation style,which is the administrative procedure law should focus on how to study the text content of architecture is very little.But the finally showing way of the text for the administrative procedure legislation should be selected to determine the model of legislation,and then choose a style in the legislative model,finally in order to present a complete and standardize administrative procedures.Therefore,the local administrative procedure legislation should first determine the choice of the legislative model,and then determine the style,on the basis of which can be constructed specific text.The author intends to analysis the traditional definition of administrative legislation style model,and then put forward under the perspective of internal structure of the text style pattern classification,on this new classification for different style patterns were analyzed based on the advantages and disadvantages,and then combined with China’s local administrative procedure regulations and normative documents to make an empirical analysis of the text,to explore the framework of local standards of administrative procedure legislation from the content of the text of legal norms system of administrative procedure legislation angle,in order to provide a reference for the local administrative procedure legislation in China.