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Jurisprudent Research On The Right Exertion Of Legislative Power

Posted on:2007-10-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:S P TangFull Text:PDF
GTID:1116360185957954Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Legislative power is very important in the construction of monocracy, we can say that the start point of construction of monocracy consists in a perfect legal system, but all lawmaking achievement lies on the perfect exertion of legislative power. Since the open and reformation, our legal system has been acquired enormous achievement; however, there are many problems in lawmaking practice which are related with the exertion of legislative power. Therefore, it is necessary to research on the necessary conditions of right exertion of legislative power and on the connotation of right exertion of legislative power in this time and place. The research is to settle an important theoretical and practical problem in the construction of monocracy.Then how to develop this problem? An initial premise is that we must make clear the connotation of right exertion of legislative power in this time and place. In my opinion, there are five connotations which include right main body, right foundation, right content, right form and democratization in exertion of legislative power. Every condition is necessary and they constitute the necessary conditions of right exertion of legislative power.However, as soon as we look back the general understanding of exertion of legislative power, we will find that there are many ideas making against that we establish an evaluation mechanism of justice. So we must discuss the history of the exertion of legislative power and we must make clear the dominate thinking resources in the history of the exertion of legislative power. In my opinion, there are five dominate thinking resources which include"discover law view"in Ancient Greece and Middle Ages , sovereignty theory,...
Keywords/Search Tags:the right exertion of legislative power, social need, tropism of value, limitation
PDF Full Text Request
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