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非立法性行政规范性文件俗称“红头文件”,它虽然不属于法的范畴,在国家的整个法律体系中不占位置,在金字塔型的法律规范性文件的效力层级中,其效力也最为低下。但因为它代表着党和政府,是党和政府传达大政方针的最主要的途径。所以具有无可替代的权威性。它在政府的公共管理中是一把双刃剑,起着积极作用的同时也带来了严重的负面效应。虽然这些负面影响是由多种因素造成的,但与我国非立法性行政规范性文件制定主体的责任缺失不无关系重大。为此,必须立法规范责任体系,强化制定主体的责任意识,提升公民的参与意识和监督水平。
Non-legislative normative administrative documents are commonly referred to as “red-headed documents”. Although they are not within the scope of the law and do not occupy a place in the entire legal system of the country, they are also the least effective in pyramid-type legal normative documents . However, because it represents the party and the government, it is the most important way for the party and government to convey major policies. So has the irreplaceable authority. It is a double-edged sword in the public administration of the government, which plays a positive role and brings with it a serious negative effect. Although these negative influences are caused by many factors, it is not unrelated to the lack of responsibility of the non-legislative administrative normative documents in our country. To this end, we must legislate the responsibility system, strengthen the responsibility of the development of the main responsibility to enhance the awareness of citizen participation and supervision.