论我国地方规章立法后评估制度
发布时间：2018-07-15 10:22
【摘要】：在我国的法律实践中,行政规章不仅数量巨大而且影响广泛,国务院各主管部门制定的“部门规章”和地方有关人民政府的“地方规章”,都属于规章的范畴,但本文着重论述后者。地方规章在制定和实施过程中往往偏重实体、轻视程序、违法、越权、侵权的行政规章时有发生,国内现有的各方对行政规章的质疑和争议也都绝大多数存在于地方规章这一范围内,因此本文选取了后者作文论述对象。 对于地方规章,我国现有的监督主体主要有以下三方即地方人大常委会、行政机关和社会公众。但这三方监督的收效都并不理想,本文引入了立法后评估这一制度,认为该制度可以作为规范地方规章的有效方式 在西方发达国家,此制度早在20世纪40年代就已经开始出现,现已应用在英、美、德、日、韩等各国,且逐步趋于成熟。我国国务院于2004年提出了对行政规章进行评估的指示。因此,近年来也陆续有各省市开展了此项工作。 本文针对我国进行立法后评估这一制度的建立和完善,构建了该制度体系的简要框架,力求为我国的法制建设贡献出自己的绵薄之力。
[Abstract]:In the legal practice of our country, the administrative rules and regulations are not only huge in number but also have a wide influence. The "departmental regulations" formulated by the competent departments under the State Council and the "local regulations" of the local people's governments fall within the scope of the regulations. But this paper focuses on the latter. In the process of formulating and implementing local regulations, they tend to emphasize on the entity, despise the procedure, break the law, exceed the authority, and infringe the administrative rules and regulations which occur from time to time. Most of the questions and disputes about administrative regulations in China also exist in the scope of local regulations, so this paper chooses the latter as the object of discussion. As for local regulations, there are three main supervisory bodies in our country: standing committee of local people's Congress, administrative organ and public. However, the results of these three supervision are not satisfactory. This paper introduces the system of post-legislative evaluation, and thinks that the system can be used as an effective way to regulate local regulations in western developed countries. This system began to appear as early as 1940s, and has been applied in Britain, America, Germany, Japan, South Korea and other countries, and gradually matured. The State Council of our country put forward the instruction to evaluate the administrative regulations in 2004. Therefore, in recent years, there have been provinces and cities to carry out this work. Aiming at the establishment and perfection of the system of post-legislative evaluation in our country, this paper constructs a brief framework of the system and tries to contribute its own contribution to the construction of our country's legal system.
【学位授予单位】：长春理工大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1
本文编号：2123752
[Abstract]:In the legal practice of our country, the administrative rules and regulations are not only huge in number but also have a wide influence. The "departmental regulations" formulated by the competent departments under the State Council and the "local regulations" of the local people's governments fall within the scope of the regulations. But this paper focuses on the latter. In the process of formulating and implementing local regulations, they tend to emphasize on the entity, despise the procedure, break the law, exceed the authority, and infringe the administrative rules and regulations which occur from time to time. Most of the questions and disputes about administrative regulations in China also exist in the scope of local regulations, so this paper chooses the latter as the object of discussion. As for local regulations, there are three main supervisory bodies in our country: standing committee of local people's Congress, administrative organ and public. However, the results of these three supervision are not satisfactory. This paper introduces the system of post-legislative evaluation, and thinks that the system can be used as an effective way to regulate local regulations in western developed countries. This system began to appear as early as 1940s, and has been applied in Britain, America, Germany, Japan, South Korea and other countries, and gradually matured. The State Council of our country put forward the instruction to evaluate the administrative regulations in 2004. Therefore, in recent years, there have been provinces and cities to carry out this work. Aiming at the establishment and perfection of the system of post-legislative evaluation in our country, this paper constructs a brief framework of the system and tries to contribute its own contribution to the construction of our country's legal system.
【学位授予单位】：长春理工大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1
【引证文献】
相关硕士学位论文 前1条
1 刘亚琴;我国行政规章立法后评估研究[D];吉林大学;2015年
，本文编号：2123752
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