It is an important task for leading cadres to learn the usage of law in the construction of a government ruled by law. Gao Yingzhong, director of the Provincial Science and Technology Department, made it clear at the office meeting that it is necessary to strengthen the education of the rule of law for cadres and workers in the whole office, improve the ability of administration according to law and the level of performing their duties according to law. On June 28th, the Science and Technology School of the Provincial Science and Technology Department invited Luo Wenyan, a professor at the Law School of Zhejiang Gongshang University and a legal adviser to the provincial government, to give a special report on administration according to law for the cadres of the Provincial Science and Technology Department with the theme of “Theory, norms and practice of normative documents”.
“Normative documents play a wide and important role in the adjustment of social relations.” Luo Wenyan introduced that normative documents are an important way for administrative organs to apply and enforce laws, an important basis for administrative organs to implement specific administrative actions, and have an increasing influence on people’s behavior. “With the advancement of the construction of a government ruled by law, the concept of administration according to law has gradually taken root in the hearts of the people, and the management of normative documents has gradually become standardized and institutionalized.”
Luo Wenyan introduced the theory, norms and practice of administrative normative documents in detail from four aspects: the definition and legal status of administrative normative documents, the normative investigation of relevant administrative normative documents, the legality review of administrative normative documents and the supervision of administrative normative documents, combined with her more than 20 years of legal research work experience.
Administrative normative documents are not “laws”
But it has legal effect.
The so-called administrative normative documents refer to all kinds of administrative documents, except government regulations, which are formulated by administrative organs in accordance with statutory authority and prescribed procedures, involve the rights and obligations of unspecified citizens, legal persons or other organizations, are applied repeatedly within a certain period of time, and are universally binding within their respective administrative areas.
Administrative normative documents are an important way for administrative organs to perform their functions according to law, an important basis for administrative management and a trial basis for administrative reconsideration. Then, is the administrative normative document a “law”? Luo Wenyan quoted the relevant provisions of the Supreme People’s Court to make a correct explanation, that is, normative documents are not formal legal sources and are not binding on the people’s courts in the sense of legal norms. However, if it is legal, effective, reasonable and appropriate, its effectiveness should be recognized. When trying administrative cases, the people’s courts may refer to legal and effective rules and other normative documents in the judgment documents.
Normative review of administrative normative documents
It is necessary to highlight the “rule of law” and “human rights”
“The report of the 19th National Congress of the Communist Party of China proposes to promote scientific legislation, democratic legislation and legislation according to law, promote development with good laws and guarantee good governance.” Regarding the normative review of administrative normative documents, Tam Yan made a detailed interpretation with two key words: “rule of law” and “human rights”. She said that the review of normative documents is an important link to realize the rule of rules and the rule of good law. Realizing administration according to law and maintaining the unity of the legal system reflect the importance of administrative normative documents to the protection of the legal system. “Everyone must be bound by the law, and the law that binds everyone is a good law.”
At the same time, Luo Wenyan.He said that in the process of administrative management, administrative organs and their staff should fully respect and protect civil rights. “Civil rights are the boundary of power, and the right-based thinking is first manifested as human rights thinking.” To realize the rule of good law, we must establish the thinking of civil rights standard and respect and protect civil rights and freedoms.
Formulate administrative normative documents
Must strictly abide by the statutory authority and procedures.
How to determine the legality and appropriateness of normative documents? Luo Wenyan said that through the review of legal institutions and filing review, the legality, rationality and coordination of administrative normative documents should be considered from the aspects of formulating subjects, formulating authority, document content, implementation time and standardization of writing.
The formulation of administrative normative documents shall strictly abide by the statutory authority and procedures, and conform to laws, regulations, rules and national policies; Shall not set administrative licensing, administrative punishment, administrative enforcement and other matters that should be set by laws, regulations and rules; Without the basis of laws, regulations and rules, it is not allowed to restrict or deprive citizens, legal persons and other organizations of their legitimate rights, or to increase the contents of their obligations. In view of the supervision of normative documents, Luo Wenyan introduced that it mainly started from external supervision such as people’s congress supervision, judicial supervision, social and public opinion supervision, and internal supervision such as administrative reconsideration and hierarchical supervision.
“Professor Luo’s lecture content is very practical and targeted, with both theoretical analysis and case guidance, which is of great help to improve the production and management level of normative documents in our office in the future.” After the special report, Wang Jian, deputy director of the Provincial Department of Science and Technology, expressed the hope that the cadres of the science and technology system would carefully digest and absorb the lecture content, further improve their understanding of the importance and standardization of administration according to law, strengthen the management of administrative normative documents, and strive to improve the quality of normative documents.
According to the requirements of the State Council and the provincial government and the contents of Professor Luo Wenyan’s lecture, Wang Jian emphasized: First, strict procedures should be made. Administrative normative documents must be issued in strict accordance with legal procedures, and procedures such as evaluation, public consultation, legality review and fair competition review, collective deliberation and decision, and public release should be implemented. The second is to implement a regular cleaning mechanism for normative documents. In accordance with the principle of “who drafts, who is responsible”, regularly carry out normative documents cleaning work. For normative documents that do not meet the standards of fair competition review, the reform requirements of “running at most once”, the data sharing of online services and the requirements of economic and social development, the revision of the revision and the abolition of the abolition shall be abolished. The third is to establish a post-implementation evaluation system for normative documents. According to the standards of legality, rationality, operability and effectiveness, we should strengthen the sorting and performance evaluation of normative documents, make an objective investigation and comprehensive evaluation of the implementation of documents, the implementation effect, existing problems and their influencing factors, and put forward the improvement of the system and management..Reasonable opinions, effectively improve the quality of normative documents, and provide a strong rule of law guarantee for the in-depth implementation of the innovation-driven development strategy.
The leaders of the department, all staff of the department (including cadres on attachment) and cadres at or above the middle level of the department (escrow) units attended the lecture.
![](https://www.hzyyingyu.com/wp-content/uploads/2023/06/test-410.jpg)
![](https://www.hzyyingyu.com/wp-content/uploads/2023/06/test-411.jpg)