Supervision And Control Of Legislative Omission Of Administrative Organs

Based on the needs of reality,the administrative organ with legislative power fails to fulfill certain act obligations in time according to the provisions of superior law,and the act of making,modifying or abolishing administrative legislation activities belongs to administrative legislative inaction.But different from the traditional administrative omission,this kind of administrative omission has a unique form in the way of identification,legal responsibility,relief and other aspects.When the law or the administrative legislation of the upper level has been issued according to the needs of the market economy,but the relevant laws and regulations of the lower level have not been abolished or modified,but continue to be implemented.As well as the original administrative regulations or rules,due to the change of the objective situation,have not adapted to the needs of the market economy or even deviated from the market economy.The omission of administrative legislation not only violates the entrustment of the Constitution and the law,causes the loopholes in the legal system,hinders the formation of the objective legal order,but also deviates from the purpose of the Constitution and the law,destroys the reasonable expectation of citizens,infringes the legitimate rights and interests of citizens,and its harm is obvious.Up to now,there are still some legal norms in our country because of the lack of specific implementation methods and rules,Not applicable.For example,when the rights and interests of the administrative counterpart are violated,there is no legal basis for appeal;for the administrative law enforcement agencies,it is manifested as the inability to carry out law enforcement.Therefore,it is an unavoidable task of modern administrative law to strengthen the legal regulation of administrative organ's legislative omission and solve the problem.The author of this article discusses administrative legislation inaction from the following four aspects:The first part is the definition and classification of the omission in administrative legislation.It mainly defines the meaning of administrative legislative power,administrative omission and administrative legislative omission,and studies the classification of administrative legislative omission.According to different standards,administrative legislative omission is divided into absolute administrative legislative omission,relative administrative legislative omission and administrative legislative omission beyond legal period and reasonable period.In the part of defining the meaning of administrative legislation omission,based on the specific cases of our country,it introduces the meaning and establishment conditions of administrative legislation omission in detail,and highlights the concept of "administrative legislation omission" in this paper.The second part,the constitutive requirements of administrative legislation omission.The behavior that the administrative organ is slack in exercising the legislative power does not constitute the omission,only when there are certain conditions,the behavior of the administrative legislative organ's omission can constitute the violation of the legislative obligation.Starting from the premise that "the Administrative Legislature has legislative obligations",the author analyzes the sources and theoretical basis of the legislative obligations of the Administrative Legislature in detail,and summarizes the sources of its obligations into four directions,namely,the express authorization of legal texts,the implied authorization of legal texts,the special authorization and the acquisition based on the functions and powers;in addition,the fact that "the Administrative Legislature fails to perform the legislative obligations" On the one hand,it is required to have the two conditions of "omission of administrative legislation" and "exceeding the time limit",and analyze the boundary of administrative legislative discretion in detail.Only when these two conditions are met,can the administrative legislation be established.The third part,the responsibility of administrative legislation omission.The liability of administrative legislation omission mainly includes three parts: "legal liability","compensation problem" and "administrative liability".On the basis of some typical cases in the article,this paper analyzes the legal responsibility and administrative responsibility that the administrative organ should bear when it causes the actual damage due to the legislative omission,and emphatically analyzes the state compensation problem of the administrative legislative omission,and probes into the possibility and feasibility of the state compensation of the administrative legislative omission under the condition of the constitutional system of government and social development in China.The fourth part is about the legal regulation of legislative omission of administrative organs in China.This part focuses on the mode choice of the administrative organs in the supervision and regulation of administrative legislative omission.Based on the conclusions of the previous chapters,the author makes a response to the problem of how to regulate the legislative omission of Administrative Legislature.In order to do a good job of regulation,we must first study the phenomenon of administrative legislation omission and its causes.The author finds the reasons of this phenomenon by analyzing the cases of administrative legislation omission in China.Then,on the basis of comprehensive analysis and comparison of the channels of regulation in foreign countries,the author puts forward that under the system arrangement of our country,administrative legislation should be established This paper analyzes the control mode of the legislative omission of the legal organs,the necessity of the control of the administrative legislative omission in detail,and discusses the mode choice of the regulation of the administrative legislative omission in the context of the Chinese language.It concludes that we should not only play the function of the internal self-regulation of the administrative system,but also give consideration to the way of the external supervision of the administrative system,and integrate the common advantages of the internal and external,and investigate the necessity of the control of the administrative legislative omission The possibility of judicial review of this phenomenon in China.In order to find a suitable way to prevent and remedy the omission of administrative legislation in our country,and to promote the administrative organs to exercise the legislative power legally and cautiously.