论行政规章监督的法学机理和机制

从法学机理上说 ,行政规章监督问题的核心是宪政与法治的传统命题———权利与权力、自治与他治的关系。从制度上说 ,行政规章监督需要立法程序、行政程序、司法程序以及非正式法律程序的多方交互和整合作用 ,需要在行政立法的事前、事中、事后对行政规章立法质量进行“过程性整理”。

The Theory of Law and Legal Mechanism on Supervising Administrative Regulations

In the theory of law, the core of supervising administrative regulations is how to deal with the relationships between right and power, self-government and otherdirected government, which is a traditional proposition on constitutionalism and law. In the legal mechanism, the supervising administrative regulations need many mutual effects and conformity among legislative procedure, administrative procedure, judicial procedure and informal legal procedure. At the same time, the quality of administrative regulations need "a proceeding arrangement" when we are preparing and making them, or have finished them.