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英国essay代写:Administrative legislation

2018-11-08 | 来源:51due教员组 | 类别:Essay代写范文

本篇essay代写- Administrative legislation讨论了行政立法。随着行政立法的日益深入,立法领域的不断扩展,各种问题也日益凸显。行政立法是特定的国家机关依照法定的权限和程序,制定、修改和废止有关行政管理方面的行政法规和规章等规范性文件的活动。行政立法要想深得民心得到人民拥护,民主参与行政立法就成为必然。本篇essay代写51due代写平台整理,供大家参考阅读。

Administrative legislation,行政立法,essay代写,代写,paper代写

Administrative legislation is the activity of specific state organs to formulate, revise and abolish the administrative regulations and rules related to administrative management in accordance with the statutory authorities and procedures. In order to win the support of the people, administrative legislation must observe the public sentiment, accord with the public sentiment and reflect the public opinion. How to ensure the democratic participation in administrative legislation is not a mere form will be elaborated in this paper.

With the deepening of administrative legislation and the continuous expansion of legislative field, various problems have become increasingly prominent. Unauthorized legislation such as administrative organs, administrative legislation, lack of due process of law, administrative legislation power control and supervision, administrative legislation is scientific, democratic, fairness, openness, administrative legislative review and responsibility shall be investigated for the lack of institutional guarantee and so on, resulting in the administrative legislation conceptions, impartiality, publicity, so that a bad law is wanton violate citizens' rights and interests, rule of law has become a rule by the rule of law of people's risk of tyranny. Due to the imperfection of the administrative legislative process in China, the administrative organs take advantage of the opportunity of administrative legislation to arbitrarily expand the power of their departments, limit the rights of citizens, and arbitrarily increase the burden on the people. What's more, the administrative legislation is "operated in the dark", the problem of the legalization of departmental interests and so on.

For a long time, there has been no unified administrative legislative procedure in our country. And these procedures exist a lot of problems: one is not unified; Second, there is a lack of authoritativeness. Third, there is a general lack of democratic institutions. The lack of democratic institutions is the biggest problem. Because democratic participation mechanism is the core and essence of administrative legislative process. Only the administrative legislation process that contains the democratic participation mechanism has value and can exert the function of controlling the administrative legislation.

Citizens' right to participate is an important fundamental right. Long before the bourgeois revolution, it was recognized as a basic part of human rights like freedom, equality and social rights. It was the emergence and expansion of citizens' rights to participate and other subject consciousness that contributed to the realization of democracy. In western countries, the control of administrative legislation has experienced an evolution process from standard control to procedural control. Davis, an American scholar, pointed out that "the theoretical focus of the appointed legislation should move from the pursuit of an appropriate standard to the pursuit of an appropriate procedure, in which the protection provided by the procedure exceeds the protection provided by the standard." 2 at the present stage of China, citizen participation, as the most important form of people's sovereignty and the fundamental sign of democratic politics, is an important mechanism for the realization of socialist democracy.

What is the democratic participation mechanism of administrative legislation? It mainly refers to the ways and means of public participation and influence on administrative legislation. Although the main body of administrative legislation is the administrative organ, the administrative organ cannot make legislation, laws and regulations behind closed doors.

The participation in administrative legislation should be guaranteed by system. Therefore, the democratic participation mechanism of administrative legislation should be established and improved. The significance of establishing democratic participation mechanism mainly includes: first, it is beneficial for administrative legislation to correctly reflect the will of the people, not only the will of the administrative organs; Second, it is conducive to the comprehensive understanding of various interest requirements of the executive, to make the content of the executive legislation more scientific and reasonable, and thus to improve the quality of legislation and the legislative level of the executive; Thirdly, it is beneficial for the final result of administrative legislation to obtain the people's recognition and support and increase the government's prestige. As one scholar put it; "Procedural justice can to some extent enlighten the conscience of members of society, increase the cohesion of the ruling class, and enhance and strengthen the authority of the ruler." Fourth, it is conducive to enhancing people's awareness of democratic participation, increasing the transparency of government legislation, preventing the arbitrary act of the executive, avoiding to some extent the arbitrariness and bias of legislation that may arise from the closing of legislation, and reducing the cost of administrative legislation and law enforcement. Fifth, public participation makes up for the insufficiency of the legitimacy of administrative legislative power with the legitimacy of procedure. Finally, maximize administrative efficiency, because "once people participate in the process, it is difficult to resist the consequences of the process unless the process is carried out in a clear and unfair manner. It does not matter whether it is explained as a value exchange mechanism for participation and subordination, a layout mechanism for motivation and endurance, or even a potential psychological mechanism for gaming. It is important that the just procedure to a considerable extent strengthens the internalization and socialization of the law."

After the enactment of the legislative law, it was stipulated that the administrative organ could adopt the way of hearing to listen to the public's opinions in the process of drafting administrative regulations, thus establishing a new way for the public to participate in the administrative legislation. However, the legislative law stipulates that the administrative organ "may take" rather than "must take" the way of hearing, which is not the mandatory obligation that the administrative legislation must follow, and whether the administrative organ takes the form of hearing in the process of administrative legislation depends on the discretion of the administrative organ. In this way, whether the public's hearing rights can be realized depends on the will of the administrative organs. In addition, various opinions put forward by the public after the public participation can be absorbed by the administrative organs, that is, whether the public participation can have a substantial impact on the results of administrative legislation and legislative provisions are still missing. Article 19 (2) of the regulations on administrative regulation formulation procedures stipulates that important administrative regulations shall be submitted for review, submitted to the state council for approval, published to the public and for comments. Article 15 of the regulations on rules and procedures for formulating rules and regulations provides that the drafted regulations directly involve the vital interests of citizens, legal persons or other organizations. The regulations appear to express the importance the executive legislation attaches to public participation, but careful deliberation, behind the elastic legal provisions, public participation remains an open question. First, in accordance with the provisions of the administrative rules and regulations, formulate rules for the program, the only important administrative regulations to publish to the society, greatly limits the scope of administrative rules and regulations published by: as to what kind of administrative regulations is "important" laws and regulations, there is no specific recognition criteria, depends entirely on administrative discretion, easily lead to abuse of executive power, the participation of deprived of public rights. Although the regulation of administrative rules and procedures points out the scope of administrative rules that should be published, it is too principled and there is still the problem of administrative discretion without restriction. Secondly, there are no specific provisions on how to submit the public opinions on the draft administrative rules, how to accept and treat the public opinions, the time limit for putting forward the opinions, and how to determine the objects of the hearing. The public's right to participate in administrative legislation has not been confirmed and guaranteed. Although the above two regulations stipulate citizen's participation in the drafting stage of administrative legislation, the ambiguity and arbitrariness of legislative language may make public participation in the embarrassing situation of symbol. Although the legislative law and the regulations on administrative regulations and the regulations on administrative regulations and the regulations on administrative regulations have stipulated the democratic procedure in administrative legislation and established the democratic procedure of public participation, the democracy in administrative legislation is still insufficient. On the whole, the regulations are too general and abstract to be operated and implemented, which makes the democracy of administrative legislation discounted.

For a long time, China's administrative law activities have been deeply influenced by the planning system, forming a self-closed model of administrative legislation. In particular, the legislative enactment organs within the administrative system, when formulating the administrative legislation, they tend to formulate the administrative legislation in a unilateral way, and immediately introduce the relevant legislation after the enactment, and then impose their coercive force on the administrative counterpart, forcing them to accept and obey, or they will be severely punished! In addition, China's administrative legislation "attaches more importance to entity, but less to procedure", and some administrative organs often make unilateral legislation in the name of efficiency. This kind of unilateral legislation is not in line with the principle of democracy. Unilateral legislation can easily lead to unbalanced allocation of rights and obligations and generate oppressive and evil laws, which also increase the difficulty of law enforcement. Some executives democratic consciousness is not strong, the ranking of serious thought, work often suppress democracy, "centralized" in speech generation method "" with the right pressure", be frightened by this trouble, or worry about the due process legislation will damage the interests of the department or personal, often with low quality of the civil law, does not have the ability to participate in the name of, refused to open the hearing or hearing into "hearing", essentially led to continue to make decision for the people as a result, deprived the legitimate participation of citizens. In practice, it has damaged the rights and interests of the administrative opponents, caused their dissatisfaction and even resistance, and damaged the image of the government among the public.

China's thousands of years of autocratic history, the people's awareness of democracy is weak, since ancient times, there has been the "official for the people to decide" tradition. As an old Chinese saying goes, "starve not to be a thief, die not to be reported", the common people are afraid of the government, and there is no time to escape, let alone participate. After the founding of new China, our party made active exploration for the development of democracy, but for a long time, there have been several pairs of social consciousness contradictions in the process of transforming from autocratic administration to democratic administration. Second, the concept of official standard is deeply rooted in people's minds, while the concept of freedom and equality is always oppressed. Third, the concept of administrative domination of society is quite developed, while the concept of democratic supervision of administration is still very weak. Practice, the widespread unilateral legislation of administrative legislation, which on the one hand, continue to maintain the situation of the government leading, on the other hand the people form a dependency, not development, participation ability no awareness of democratic participation, in the long term to form weak consciousness of citizen participation, lack of enthusiasm for politics, thought that only the government officials. In addition, the technical reasons of the legislation, as well as the farce of some local hearing shows and forms of participation, make the public lose trust in the administrative organs. The lack of public participation in administrative legislation reflects the incongruity between administrative power and civil rights, and the neglect of civil rights is reflected in the lack of public participation channels and procedures. By denying or ignoring the public participation, it is possible to make the executive body fake the executive legislation as a tool to govern the people. Some scholars pointed out that "the result of ordinary people's completely external legislative process can only be the alienation of law and the ignorance and numbness of law."

The absence of legislative principles, the wide solicitation of public opinions in the legislative process, and citizens' participation in national legislation through such channels as hearings, reflect the significance of democratic governance. However, the lack of legislative principles leads to the imprecise legislative process. At a hearing, symposium, "on behalf of the hearing, please yourself chaired the hearing, the hearing process strictly confidential" behavior such as a serious violation of the public participation in the democracy, the principle of fairness, openness, scientific and normative, greatly dampened the enthusiasm of public participation in legislation, unfavorable to the legislation of scientific decision-making and democratic decision-making, more conducive to the smooth implementation of laws and regulations. Although the hearing system is relatively rigorous, it is still a new thing in China after all. The hearing system is only a few years since its establishment and implementation, and there are problems in the selection of the hearing staff, the openness of the hearing process and the transparency of decision-making. There are 19 permanent representatives among the 28 representatives at a certain hearing in wuhan, including 10 representatives from the relevant administrative departments of the government, 5 representatives of the people's congress, the CPPCC, the federation of trade unions, the consumer society, and 4 comrades from the street office. This kind of "formal hearing", which is mainly designated by relevant legislative departments, is obviously not extensive enough to fully reflect the interests of different interest groups, especially those opposed to the interests of the administrative departments, which violates the original intention of introducing the hearing system.

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