Journal:Journal of Jiangsu Administration Institute
Key Words:legalization of the establishment of administrative agencies; theory of materiality; functional suitability; legal scope
Abstract:The legalization of the establishment of administrative agencies is a basic principle to be adhered in building
a government ruled by law. How to judge the legal scope is the fundamental issue in understanding and applying this principle. The theory of materiality based on the guarantee of human rights should be the positive standard of the legal scope，while the functional suitability be the negative. The former is the main standard, while the latter is the auxiliary. According to the above criterion，the operational administrative agencies and the procedures of the establishment shall be legalized when judging the legal scope，while the establishment of the service administrative agencies, changes in specifications and names of all administrative agencies, as well as some temporary and experimental agencies should be excluded from the legal scope.
Note:CSSCI来源期刊、北大核心
Indexed by:Journal paper
Discipline:Law
Document Type:J
Issue:4
Translation or Not:no
Date of Publication:2020-07-20