2005Unpublished venueRequires access

Tentative Analysis of China's Administrative Legislation Procedure ——And Discussion on the Relative Regulations of China's Future Administrative Procedure Law

Bing Han

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Abstract

The enactment and implementation of Legislation Law,Administrative Regulation Establishment Procedure Law and Rules Establishment Procedure Law signifies the progress in China's administrative legislation procedure.But it cannot be denied that there is still room for improvement in its scientific and democratic spirit as well as in its degree of openness.China should try to make her administrative legislation more scientific and to perfect the procedure for public involvement.Moreover,in order to make public participation effective,China should pay attention to the institutional practice of legislation draft announcement,the elucidation of the rulemaking corpus and the inspection of the rulemaking mechanism.The author holds that China's future administrative procedure code should bring into its framework the administrative legislation procedure.

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The enactment and implementation of Legislation Law,Administrative Regulation Establishment Procedure Law and Rules Establishment Procedure Law signifies the progress in China's administrative legislation procedure.But it cannot be denied that there is still room for improvement in its scientific and democratic spirit as well as in its degree of openness.China should try to make her administrative legislation more scientific and to perfect the procedure for public involvement.Moreover,in order to make public participation effective,China should pay attention to the institutional practice of legislation draft announcement,the elucidation of the rulemaking corpus and the inspection of the rulemaking mechanism.The author holds that China's future administrative procedure code should bring into its framework the administrative legislation procedure.

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Available abstract

The enactment and implementation of Legislation Law,Administrative Regulation Establishment Procedure Law and Rules Establishment Procedure Law signifies the progress in China's administrative legislation procedure.But it cannot be denied that there is still room for improvement in its scientific and democratic spirit as well as in its degree of openness.China should try to make her administrative legislation more scientific and to perfect the procedure for public involvement.Moreover,in order to make public participation effective,China should pay attention to the institutional practice of legislation draft announcement,the elucidation of the rulemaking corpus and the inspection of the rulemaking mechanism.The author holds that China's future administrative procedure code should bring into its framework the administrative legislation procedure.

Key concepts: Legislation, Rulemaking, China, Administrative law, Law, Democracy, Openness to experience, Public administration

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