Research On The Power Of Local Government To Establish Temporary Administrative Measure

The legislation law of 2015 stipulates the power to set temporary administrative measures for local government regulations.Giving local governments the power to set temporary administrative measures within the framework of legal provisions aims to solve the current problems of local governments through the power to set temporary administrative measures of local governments,further solve the lag of laws and improve the ability of local governance.This paper takes paragraph 5 of Article 82 of the legislative law as the main research object,trying to summarize the characteristics and problems of temporary administrative measures.The article explains and analyzes the purpose,content,theory and some problems existing in reality,so as to achieve the purpose of perfecting the temporary administrative measures and to provide some basis for the practice and legislation of the temporary administrative measures.It is intended to provide some references for theoretical research on the enactment of temporary administrative measures of local government regulations,and provide some solutions for local governments to perfect the enactment of government regulations in legislative practice.Firstly,this paper makes a semantic analysis of the word "temporary administrative measures" in the power to set temporary administrative measures in local government regulations.Through the textual research on the etymology of "administrative measures",this paper combs the different understanding of "administrative measures" in the theoretical circle,and discriminates the relationship between temporary administrative measures and similar terms.This paper holds that temporary administrative measures are administrative actions taken in accordance with statutory procedures in local government regulations for specific matters stipulated by non-specific people in order to achieve and meet administrative objectives and needs under emergency circumstances.In terms of content,it involves the reduction of the relative rights or the increase of obligations.Secondly,starting from the provisions of paragraph 5 of Article 82 of the legislative law,we can further understand the temporary administrative measures of local government regulations through the methods of text interpretation,purpose interpretation and system interpretation.It means the setting conditions of local government regulations and temporary administrative measures should meet the requirements of formulating local regulations,but the current conditions are not mature enough and need the emergency management of local government.In addition,temporary administrative measures should be urgent,temporary and exceptive.Thirdly,Combine the theory and practice of the local government,and understand the relevant administrative measures again.The temporary administrative measures of local government regulations face the following difficulties: first,there are a large number of unclear concepts in relevant articles,regulations and interpretations,and there is no corresponding formulation procedure to regulate the setting of temporary administrative measures,which is easy to lead to the abuse of the right to set temporary administrative measures of local government regulations.Second,after more than six years of legislative practice,the overall number of local government regulations and temporary administrative measures is small,and the adjustment matters are relatively concentrated,which can not well achieve the purpose of this provision in the legislative law.Third,the enactment of temporary administrative measures in local government regulations is not standardized,which is mainly reflected in the fact that the local government regulations that set temporary administrative measures in practice are mainly made and named in the form of "decision",which is inconsistent with the general regulations.They are made and named in the form of "provisions" and "measures".In addition,the structure and content of such regulations in practice are not complete.Fourth,there are defects in the effectiveness system of temporary administrative measures,which is mainly reflected in that different failure mechanisms will have different effects after the expiration of the term of temporary administrative measures in such regulations;In legislative practice,the practice of extending temporary administrative measures did not stipulate in the legislative law and ultra short-term temporary administrative measures can not achieve the purpose of submitting such regulations as local regulations after expiration;In addition,during the period when such regulations are submitted as local regulations,there is no clear provision on the effectiveness of such regulations.Finally,using relevant theoretical knowledge,this paper puts forward some suggestions on how to improve paragraph 5 of Article 82 of the legislative law,such as extending or clarifying the two-year implementation period,improving the effectiveness of the submission period of Interim Administrative Measures,setting corresponding legislative procedures for regulation,regulating vague or unclear concepts and improving the failure mechanism.