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The Study Of Legislation On Urban Comprehensive Management In China

Posted on:2018-02-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:J Y LiuFull Text:PDF
GTID:1316330536469127Subject:Constitution and Administrative Law
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The whole text takes urbanization as the background of the times,follows the line from analysis of good law and good governance on urban comprehensive management,summarizing the practice of urban environment management at home and abroad to put forward the plan of the rule of law on urban comprehensive management legislation in China,by using literature analysis,comparative analysis,empirical analysis,etc.It interpretates the richful connotation of legal system of urban comprehensive management to explore the good law and good governance.It is hoped that the order of rule of law in urban environment management can be set up to realize the city as a harmonious and beautiful home through the improvement of the legislation on urban comprehensive management in China.The urban comprehensive management is under great pressure because of the effect of population agglomeration in the process of rapid urbanization in China.The government is attempting to centralize administrative punishment as the foundation,constructing good law through legislation on urban comprehensive management to achieve the purpose of good governance in China.Examine the necessity and feasibility of urban comprehensive management in China from the perspective of good governance that includes two dimensions of democracy and the rule of law.Promoting the citizen participation and standardizing administrative management are two major factors for boosting the legislation.The development of economy and rule of law in China have created favorable conditions for the legislation,but legislation also faces some difficulties.In the face of opportunities and challenges,think the route of legislation on urban comprehensive management in China including the legislative purpose,legislative principle,legislative content from the view of good law.In this process,there are a series of problems from the macro to the micro.This not only requires nationwide legislation to establish the legal status of urban comprehensive management,but also need us to focus on local legislation more because of development of different cities with significant regional characteristics by the principle of local management,the latter is emphasis.The history abroad of the rule of law in the management of urban environment is very long,especially in some special legislation.Hong Kong and Macao and Taiwan have accumulated richful experiences in urban environmental management under law.Some cities in mainland have also begun useful attempt of the legislation on urban comprehensive management.On the basis of the research,put forward plan of central legislation and local legislation on urban comprehensive management in China,probe the construction of the local legislative framework especially by taking the specific city as the sample in order to explore and grasp the regular pattern of legislation which is suitable for the development of city.The whole text is divided into nine chapters,as follows.The first chapter is an introduction,which describes the historical background of the research on the legislation of urban comprehensive management in China,the research situation at home and abroad,the ideas and methods adopted in this study.The second chapter is to expound the origin and legal orientation of urban comprehensive management in China.Facing the problems of urban environmental management,with the background of urbanization,this paper defines the connotation and nature of urban comprehensive management and its legislation from the perspective of the development of urban management.The third chapter is to demonstrate the necessity and feasibility of legislation on urban comprehensive management in china from the perspective of good governance.It is demonstrated around the two dimensions of good governance,democracy and rule of law.The fourth chapter is to study on legislative thinking route of urban comprehensive management in China from the angle of good law.Take the good law as the standard,begin from the legislative purpose,legislative principle,legislative content.The fifth chapter introduces the foreign legislative experience of urban environmental management and the inspiration for the legislation in China.The experience of rule of law in foreign urban management further shows that the good governance of urban environment is based on legislation.The sixth chapter is the analysis of the current situation of domestic urban comprehensive management legislation.Although Hong Kong,Macao and Taiwan regions accepted the special mode of legislation on urban environment management,they have gone out of the way of the rule of law for eastern cities.According to the situation,the cities of mainland also actively explore the urban comprehensive management legislation in the good governance path.The seventh chapter is to discuss of some key problems in the urban comprehensive management in the view of legislation.Select social concerns such as community autonomy,the police of urban management,the management effectiveness of administrative penalty to explore how to further improve the urban comprehensive management through legislation.The eighth chapter is to put forward the idea of the legislation of urban comprehensive management in china.From the perspective of overall planning,the paper puts forward the legislative system of urban comprehensive management.Under the framework of the rule of law,it should be adopted the practical and realistic attitude to solve the legal problems of urban comprehensive management.The ninth chapter is the conclusion,which indicates the purpose of the research is to ensure the sustainable development of the city by the urban comprehensive management through legislation from the angle of law in China.The whole study involves the genealogy of knowledge taking legislation as the core,covering the law(legislative principle,legislative system,legislative technology,civil rights,obligations of the government,administrative punishment,administrative enforcement,administrative contract,etc.),political science(contestatory democracy,communicative rationality,theory of citizen participation ladder etc.),economics(public choice,welfare,prisoner dilemma,etc.)and management(broken window effect,barrel theory,NIMBY effect,Parkinson effect,etc.).The main line is to think on the legislative construction of good governance mainly by law,through the integration of multiple methods in the field of urban comprehensive management.The study shows that the legislative principle of good law and good governance based on the reference of domestic and foreign legal system,the central legislation and local legislation of urban comprehensive management in China is not only necessary but also feasible,which has far-reaching significance in law for the protection of sustainable development of cities in China.
Keywords/Search Tags:Legislation, Good Law, Good Governance, Urban Comprehensive Management
PDF Full Text Request
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