2006Unpublished venueRequires access

On Strengthening Democratic Guarantee for Administrative Legislation

Shi Xu-zhai

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Abstract

There exist great essence discrepancies between administrative agency and authoritative agency in such fields as organization forms, responsibility system, and power sources. In fact, there are many problems in the practice of administrative legislation, such as too many levels of administrative legislators, lack of clear power definition. The content of legislation is mainly on the power itself and substantive items rather than responsibility and procedure, and the legislation procedure goes against democratic practice. In order to carry out and implement the basic principles of the democratization of administrative legislation and standardize and control the administrative legislation, not only the scope of administrative legislation should be limited, and legislation procedure should be unified, the private parties’ right to participate in the administrative legislation should be guaranteed effectively, but also healthy and comprehensive anti-power-abuse systems should be established.

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What this paper is about

There exist great essence discrepancies between administrative agency and authoritative agency in such fields as organization forms, responsibility system, and power sources. In fact, there are many problems in the practice of administrative legislation, such as too many levels of administrative legislators, lack of clear power definition. The content of legislation is mainly on the power itself and substantive items rather than responsibility and procedure, and the legislation procedure goes against democratic practice. In order to carry out and implement the basic principles of the democratization of administrative legislation and standardize and control the administrative legislation, not only the scope of administrative legislation should be limited, and legislation procedure should be unified, the private parties’ right to participate in the administrative legislation should be guaranteed effectively, but also healthy and comprehensive anti-power-abuse systems should be established.

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Available abstract

There exist great essence discrepancies between administrative agency and authoritative agency in such fields as organization forms, responsibility system, and power sources. In fact, there are many problems in the practice of administrative legislation, such as too many levels of administrative legislators, lack of clear power definition. The content of legislation is mainly on the power itself and substantive items rather than responsibility and procedure, and the legislation procedure goes against democratic practice. In order to carry out and implement the basic principles of the democratization of administrative legislation and standardize and control the administrative legislation, not only the scope of administrative legislation should be limited, and legislation procedure should be unified, the private parties’ right to participate in the administrative legislation should be guaranteed effectively, but also healthy and comprehensive anti-power-abuse systems should be established.

Key concepts: Legislation, Agency (philosophy), Democracy, Public administration, Administrative law, Scope (computer science), Business, Political science

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