Research On The Legitimacy Of Legislation

Legitimacy is analysis tool widely used in various fields of social science theory,its meaning is very rich. This article aims to apply legitimacy theory to the analysis ofthe legislative phenomenon and legislative systems, research the legality of thelegislation.Introduction start from the legislative achievements of China’s contemporary, putforward China’s reform and opening up30years has made a brilliant legislativeachievements, but the legitimacy of t legislative has yet to improve. The legitimacy ofthe law is the core issue of the legal theory, research the legitimacy of the legislation,not only has academic value, the uniformity of law, strengthen our legislation to raiseawareness on the identity of the law and law-abiding consciousness in order to guideour legislative practice practical significance.The first chapter is "legitimacy and legitimacy of the legislation." Section1"legitimacy Summary" comb the context of the legitimacy of the concept ofdevelopment from its etymology explain, clarify the meaning of political legitimacyfrom the three levels of psychological, experience and regulate, and transition to thelegality of the law. Section II,"the legislation and the legislative power" defined thelegislative as a study of this article by study the legislative power as the core issues onlegislation, the legislation is a process, but also a result. Section III “legislativeInterpretation” is the theoretical foundation sector of the article, put forward on thebasis of previous legality of legislation is made of the legitimate of legislative power,legislative bodies, legislative procedure and contents of the legislation legallyconstituted, and distinguish legislative legitimacy and the related concept ofreasonable legislative and legislative legitimacy.The second chapter," the research approach on legitimacy of the legislation "summarize theoretical results of the legislative legitimacy in two of the West andChina. Section I summarize the path of Western legislative legitimacy as normativedoctrine, empiricism, comprehensive following the thinking of the legitimacy study.Section II summarizes the more typical domestic legislative legitimacy theoryhaving considerable influence, are good law theory, benign unconstitutional theoryand the concept of democratic legislation.Chapter III,"the phenomenon perspective of legislative legitimacy." The firstsection,"Western examples of legislation as Nazi legislation, temperance legislationof the United States for example, analyze the legality of enabling legislation and theconflict of legislation and habits. Section II,"Contemporary Chinese legislativelegitimacy Phenomenon" turn to empirical research on legislative phenomenon,summed up the outstanding problems of lack of legitimacy of our contemporarylegislation is the legislative power abuse, out of control of delegated legislation, thelegislative powers of rent-seeking and legislative corruption and legislative omission.Chapter IV,"Causes of the lack of legislative legitimacy in contemporaryChina." divided into three chapters, respectively, from the legislative concept, thelegislative process, legislative oversight, explores the lack of legislative legitimacyreasons and constraints, the outstanding performance of deviation on legislative legalconcept is the lack of legislative concept of humanism; the problems of the legislativeprocess is the dislocation of legislative body, legislative open enough, the degree oflegislation democratic participation is not high; the problems of legislative oversightis ineffective legislative review of the record system, the lack of legislative judicialreview system, weakness of legislative after oversight.Chapter V “Legislative legalization path”put forward the way to enhance thecurrent level of China’s legislative legitimacy is: to establish the legislative concept ofhumanism in the legislative concept; continuous deepening of the democraticparticipation of the legislation in the legislative process; legislative oversightconstantly improve the system of exercise of legislative powers of the variousconstraints, such as legislative avoidance system, legislative responsibility system.