Study On The Legalization Of Administrative Appointment Of China

The administrative appointment is a series of new flexible law enforcement and management methods that are generated along with the new public service model,which is a new government governance model.The extensive and frequent use of administrative appointment has also brought about a series of problems and triggered extensive thinking in academic circles.The administrative appointment system has certain uniqueness.Both the internal administrative appointment with accountability nature and the external administrative appointment as a new method of administrative law enforcement have distinct Chinese characteristics.Most widely used,is directly related to the public is the external administrative appointment(generally equate administrative appointment with external administrative questioning),the tax regulation,safety production,environmental protection,food and drug safety,the protection of the rights and interests of consumers,the price law enforcement and other fields are widely used,is democracy,consultation and service such as concept into the product of administrative law.As a new type administrative behavior,academic circles for the legal attribute of administrative questioning behavior itself has a lot of discussion,mainly focused on the administrative appointment is administrative fact behavior or administrative law,administrative questioning behavior can be type into a new administrative act,administrative appointment will with the existing administrative punishment,administrative guidance,compares and analyses the behavior of administrative mediation and try to introduce administrative legal relationship theory and expounds to broaden the research way.The administrative appointment brings the administrative organ to exercise the power conveniently and efficiently,at the same time,also has the imperfect place.From the perspective of norms,there is a lack of laws or administrative regulations that specifically regulate administrative appointments.There are more departmental normative documents,local normative documents and local working documents,and there are problems such as low level of legislation and inconsistent legislative standards.In the specific application of the administrative appointment system,the administrative organ makes extensive use of administrative appointment,the administrative organ has too much discretion,the appointment procedure is too simple,and it lacks the general administrative appointment procedure,the appointment process is lack of publicity,and the right remedy channel after the event.In view of a series of problems existing in the administrative appointment system,we should incorporate the administrative appointment system into the operation of the rule of law.Firstly,we should promote the progressive legislation of the administrative appointment system at the normative level,and try to improve the legislative level of the administrative appointment system from the perspective of administrative regulations or local regulations.Second in administrative appointment system operation level,to establish a general legal procedures,administrative appointment has been established to sponsor the staff person responsibility,improve the appointment document filing system,strengthen the administrative appointment open degree,for example,in the process of questioning invited experts attend to present an opinion,or ordinary citizens are invited to attend.Finally,in terms of supervision and relief,a complaint mechanism is established to the higher authorities,and some administrative appointment behaviors are included in the scope of administrative reconsideration and litigation for relief.