행정규제에 있어서 사인의 규범정립에 관한 연구

Recently some phenomena that are different from the original forms of separation of powers principle became to be discussed. One of the phenomena is a private norm-making, for example, private person who initiates and engages in the process of legislation and administrative rulemaking(“private rulemaking”). This newly appeared legal institution owes to the understanding as a theoretical background that modern state has lost it’s power to control society, therefore it needs reflective law. The tradition of principle of private autonomy also became a cause of this changes. The private norm-making is connected to the strategy of self-regulation and the theory of private person entrusted public affairs(Beliehene Private). Such forms of regulation are mentioned as a model of the ensuring state. The structure of the private rulemaking(norm-making) can be classified into three group according to the character of rules and the cause of rulemakings: a) rules that are incorporated into the statutes of state and made by initiatives of private person, b) ordinances that are made by private autonomical organizations. c) rules that are virtually substitute for the statutes and made by interested parties. Also effects of these rules are distinct from each other. In the regulative practice there are some examples which are based on self-regulative model regarding group c). As the type and natures of private norms are analysed differently, so the methods of control could and should be treated separately. It is noticed that the presumption effect(Vermutungswirkung) of private standards in Europe Product Law(New Legislative Framwork). The norm-control of these private norms should be made through organizational and procedural institutions, and must be supplemented by judicial reviews. This study will also try to find issues in the lawsuit in the administrative and constitutional courts.