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Research On Coordination Mechanisms Of Regional Legislation Of Our Country

Posted on:2012-02-11Degree:DoctorType:Dissertation
Country:ChinaCandidate:G ChenFull Text:PDF
GTID:1116330338965551Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In recent years, along with the speed up of regional economic and society integration, especially the proposing of master strategy for regional development and strategy of development priority zones new regional development plans are continually pushed out and all kinds of regional cooperation emerge in endlessly, which strangely promote the resources integration in all the regions, and enhance the regional development coordination and cohesion. Regional development cannot leave the legislation and laws. The scholars attach great importance to the research on the legislation and laws in the process of regional cooperation and development, especially on question of how to meet the legal needs of regional cooperation and development which already have many thinking and discussion. Regional legislation has been come up in this background. The article also talked about regional legislation, which structured and studied regional legislation coordination mechanisms systematically by means of empirical analysis, comparative study and normative analysis, and by virtue of economic, sociological and management theories. We hope that regional legislation practice can be extensively carried out and head deeply through the efforts in order to provide systematic and effective law safeguard for the regional economic and social integration.The article comprised of six parts besides introduction. The background and significance of the selected title, domestic and overseas research status of regional legislation and the coordination mechanisms, as well as the study methods are respectively stated concretely in the introductory part. Regional cooperation and development may come true both at home and at aboard. Considering a national range, many countries already have taken or are taking the regional development strategy or pattern besides our country. The supply of legal system needed by regional cooperation and development should rely on regional legislation mainly. Regional legislation is located as the pattern of local legislative cooperation in the article. In order to make regional legislation of this pattern come true, some legislative coordination mechanisms should be resorted to. However, some questions such as what coordination mechanisms should be constructed and how to construct are stilled lack of systematic and deep research in domestic. The overseas relative research also lacked direct relevance. Therefore, it has important theoretical value and practice significance to do the relevant research well for building up and perfect the regional legislation theory and promoting the regional legislation practice.Chapter One is about the fundamental theory of regional legislation coordination and investigation and thinking about regional legislation practice. Before the research on regional legislation coordination mechanisms, the two concepts "Region" and "Regional legislation" should be firstly defined. The article make three defining about "Region" and set up two standards which are economic and legal standard according to the needs of research. The concrete meaning of regional legislation is the local legislatures in certain region cooperate in legislation basis on the legal needs of regional affairs management or service. Regional legislation contains four elements which are legislative body, legislative power, legislative procedure and legislative coordination mechanism.How to answer in theory why regional legislation is possible is the first question to resolve for the research on regional legislation and construction of regional legislation coordination mechanisms. Withal, the article points out that both central and local legislation have overcoming hard defects to meet the legal needs of regional development, but regional legislation originating on current legislative system frame may take the burden. The essence of regional legislation is the cooperation of local governance power, which cooperation is possible can gain justification from the view angles of political science, economics and sociological science. Of course, regional legislation have many institutional problems now such as lack of legitimacy basis, combining with current legislation system, as well as imbalance allocation of local legislative powers, which all need to improve.Any legislation cannot leave the coordination. Many clauses about legislative coordination are set in the Legislative Law of our country, and then the fundamental legislation coordination system formed. Regional legislation has double attributes of legislation and cooperation. Coordination is essential. Regional legislation coordination contains the coordination of legislative bodies, legislative text contents, legislative procedure, legislative system and the coordination between legislation and the needs of regional reality and development. Regional legislation coordination should be carried out through relevant coordination mechanisms. The construction of regional legislation coordination needs to base on the legislation coordination regulated in the Legislative Law and give attention to the features of regional legislation, especially pay attention to the coordination of legislative cooperation. The perfection or not is directly related with the practice of regional legislation. Regional legislation still stays at practice. Embarrassment and hope coexist. It needs to draw lessons from current regional cooperation mechanisms in one hand, and in another hand to resolve relevant theory and institution problems to construct the regional legislation coordination mechanisms.The coordination experiences of EU legislation and American regional cooperation are mainly investigated in Chapter Two. Here EU legislation means the legislation made by EU legislature, which also is called secondary legislation or subsequent legislation. The coordination mechanisms in the EU legislation contain power-distinguishing mechanism, consultation mechanism, mediation mechanism, different-voting mechanism and public participation mechanism and so on. As the difference in legislative system, we cannot get some experiences by comparing with the legislative pattern of our regional legislation directly in the policy or law making. But some ample and effective coordination mechanisms in American regional governmental cooperation are accumulated, which can be lessoned by regional legislation, such as governmental agreement and regional committee.The coordination experiences drawing on from EU legislation and American regional cooperation contain two dimensions both in ideas and in institutions. The ideas contain power releasing and sharing idea, contract idea and coordination institutionalizing idea. For regional legislation of our country, the power releasing and sharing idea reflects in two dimensions, one of which is local legislatures in certain regional would like to share legislative power in what fields and how much when cooperating., the other of which is the social organizations or social subjects are in what kinds of position and produce how much effect when the regional legislation coordination mechanisms are built and operating. The contract idea has two principles which are cooperation principle and equality principle. They also have important reference significance. As for institution reference, the article mainly discussed the set-up and operation of regional legislation coordination committee besides some concrete coordination mechanisms. The basic function of the regional legislation coordination mechanisms is to specialize in the regional legislation coordination or the affairs related to the regional legislation coordination. Specifically, the function contains three dimensions:the coordination on account of regional legislation, loading some regional legislation mechanisms'operation and some other coordination work related to regional legislation. Regional legislation mechanism system of our country is constructed systematically, respectively aiming at preparatory stage, establishment and perfect stage of regional legislation in Chapter Three to Chapter Five. The article not only point out the coordination significance of coordination mechanisms to regional legislation, but also set up the institution of how the mechanisms operate.Specifically, around the main work or task of regional legislative preparatory stage, the article argue that we can refer to inter-provincial (inter-city) agreement mechanism, regional legislative programming mechanism and regional legislative drawing demonstration mechanism to coordinate relevant activities in regional legislative preparatory stage. The signing of inter-provincial (inter-city) agreement can provide guideline for regional legislation and clear the legislative target or contents. The signing inter-provincial (inter-city) agreement need go through relevant steps, such as conveying the cooperation intent, reaching the minds and draft the agreement signing. Inter-provincial (inter-city) agreement of regional legislation has institutional defects that need to improve. Regional legislative programming can be used to bring some regional legislative programs on the agenda, which can coordinate the regional legislative activity itself, and the relationship between regional legislative theory and practice, as well as the regional legislation and the needs of reality and development, meanwhile it means regional legislation taking the first step. The regional legislative programming is discussed from compilation bodies, basis and contents, as well as fundamental steps, some advices are given. Regional legislative drawing argument points at the timing and conditions of the legislative programs that are determined in the regional legislative programming. Through the demonstration, decision basis can be provided for the next regional legislative drawing.There are more objects or contents that need to coordinate in the regional legislative establishment stage, such as legislative bodies, contents of text and legislative procedure. The relevant coordination mechanisms pointing at the activities of regional legislative bodies, contents of text and legislative procedure are set up. Regional legislative joint conference, legislative mediation and public participation can be used to coordinate the relationships among regional legislative authority bodies, as well as between the authority body and participation body. Four mechanisms such as delegated drafting, benefit sharing and compensating, folk norm confirming mechanism and preview of text can be used to coordinate the text contents of regional legislation effectively. The mechanisms used to coordinate regional legislative procedure contain synchronous proposal or approval, voting time limit and joining through consulting. Meanwhile the relevant mechanisms are constructed correspondingly and the coordination significance and the operating steps are pointed out, the some of the mechanisms, such as regional legislative joint conference and public participation mechanism are rethought from theory and practice in the article.If regional legislation carries out smoothly, relevant regional legal documents are produced, showing in detail regional law and regional regulation. The putting into effect of regional legal documents means that regional legislation come into the perfect stage. In this stage, regional legislation may appear legislative conflicts, legislative blank or ambiguous clause, and the legislation out of the needs of regional social reality and development because of legislative body itself or legislative user or the change of regional economy and society. These all need to coordinate by relevant coordination mechanisms.The mechanisms of regional legislative conflict-resolution, legislative interpretation, folk norm confirming and regional legislative aveluation are discussed in the article. The conflict-resolution mechanism of regional legislation contains the principle of effect-grade, and the principle of special law prior to general law, and so on, the coordination of which contains systematic and realistic coordination. Regional legislative interpretation can be divided defining-type and finding-basis-type legislative interpretation. Both of them play an important role in the coordination of the relationship between regional legislative document system and the needs of social reality and development. The legislative body should aveluate the carryout effect of regional legislation and find the problems and make relevant aveluation responds such as modification, supplement, interpretation or abolishment when regional legislation is carried out for some time. Then regional legislative aveluation is an important coordination mechanism to coordinate the activity of regional legislative bodies in legislative perfect stage and to promote the coordination between regional legislation and the needs of social reality and development.In fact, the systematic construction and research on regional legislation coordination mechanisms is not only view to the contents, coordination significance and the operating steps of each mechanism, but also to provide a institutional framework for the future launching and carryout of regional legislation of our country. That is possibly the main attribution of this article.
Keywords/Search Tags:regional legislation, coordination mechanism, legislative preparatory stage, legislative establishment stage, legislative perfect stage
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