其他规范性文件行政法源的应然性探析

Analysis on Other Regulatory Documents Which Ought To Be The Source of Administrative Law

其他规范性文件,俗称"红头文件",其大量充斥在我国各级行政机关的管理活动中,发挥着相当重要的作用,但也存在权力寻租、公民利益难以保障等问题。通说观点将其排除在我国法源之外,这会打破我国内外和谐的法律体系,造成理论与现实的冲突与混乱。因此,应当尽快将其他规范性文件纳入我国法源中。

Other regulatory documents, commonly known as ＂red tape＂, are flooding in and plays a very important role in our country administrative authorities at various levels of management activities. But there are also some issues such as power rent - seeking, civil interests which are difficult to protect. Therefore, they are left out of source of law in our country. This has broken the harmony of the legal system, made the theory and the reality conflict and confused. Therefore, other regulatory documents should be brought into the source of law in our country.