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The Construction Of Regional Administrative Legislation

Posted on:2012-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:F MuFull Text:PDF
GTID:2166330338959125Subject:Law
Abstract/Summary:PDF Full Text Request
The research on the legislative model of the regional administration in China is based on the collision between current administration legislative system and the trend of integration on regional economy. According to the constitution and the laws, local governments in China have certain administrative legislative power. According to local development level, there are many local regulations, and there are significant differences. With the development of regional economic integration, the original patch block, fragmentation of the split-type models can not adapt to the regional economic and social development requirements; it is need to build a new legislative model of local administration. In terms of administrative legislation, there are administrative regulations and departmental rules and local regulations, and the there are large gaps between these regulations and rules. When it comes to economic matters of the region, the central executive and the legislature are lack of pertinence, and local regulations have too much limitations, it is necessary to add a intermediate level of an inter-administrative division of the administrative legislation form of the system in a more macro view of treatment in area problems, and establish a new type of local administrative legislation is based on but higher than the local administrative legislation. To this end, drawing on EU law directly applicable in its member countries and priorities for the rule of law based on the successful experience of co-ordination, the paper proposes a new "regional administrative legislation" model, that is the premise of a unified legal system, authorized by the relevant administrative division in consultation with relevant government officers to form a voluntary basis, the executive and legislative bodies, jointly developed for the region of the administrative division of the regional executive and legislative, it can coordinate the conflict between the executive and legislative areas better, and to actively promote the economic integration to create a place of rule of law, to promote regional economic integration.In the first part of this article, philosophical economic infrastructure and superstructure theory are used to analyze the inevitability of the regional administrative legislation patterns construction, and the costs and benefits theory of economics are used to analyze the necessity of constructing regional administrative legislation, which constitutes the real foundation of regional administrative legislation construction. The second part of the article analyzes the objective trend of the regional economic integration, and the current local administrative legislation and the integration of regional economy and its reason, and use comparative analysis of the EU law on the construction of the regional instructive model, and as the reality of the regional administrative legislation basis for building. Third part is the focus of this article, the legislative science, administrative law, principles of regional economics and other disciplines and the particularity of regional administrative legislation are combined to prove resolutions on construction of regional administrative legislation, including regional administrative legislation subject structure, scope and program design, etc.
Keywords/Search Tags:Economic region, Integration, Administrative legislation, Construction
PDF Full Text Request
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