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WTO Transparency Principle And Local Legislative System To Improve Transparency

Posted on:2007-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:J WengFull Text:PDF
GTID:2166360212957961Subject:International Law
Abstract/Summary:PDF Full Text Request
Since China enters into the WTO, principles and rules, especially transparency system of WTO have had a great impact on legal notion, legal system and legal enforcement of China. Transparency is one of fundamental principles of WTO agreements. It refers to each member of the WTO should officially issue its policy, law, regulations, ruling, ordinances and so on about export and import trade. Only in this way can those enforce, and time space between enactment and enforcement is essential. The principle of transparency indicates democratization and legalization of modern legislation.In current rule of law society, not only law as peoples'guide to act and do value judgment but also legislating itself should be transparent. In order to ensure legislation scientific and justified, legislative process and procedure should be transparent and democratic, which makes a state realize rule of law and even good rule of law. Recently legislating has tended to be democratic, and democratic legislative procedure is one important principle should be established. In democratic states, democratization of legislative procedure on one hand means legislature should establish democratic legislating actions procedure, including more legislation transparency, on the other hand, means nationals and organizations and so on can fully take part in, influence and supervise legislative process. The substance of this is to reflect peoples'will and to protect their interests.This thesis thinks in comparison with state legislation local legislation generally refers to law enacted and enforced by the local authority legislatures in their local districts for carrying out legislation of central government and administering local affairs. In China, local legislation mainly refers to legislation of the National people's congress in districts and local governments. Since China is very large and populous, there are various local administrative affairs, which necessitate particular studies on local legislation, especially on clarification and discussion of transparency system in local legislation. In local legislation, establishing transparency system and improving democratic basis of local legislation make justified legislation guaranteed. This thesis by means of studying transparent legislation system, according to current local legislation systems and enforcements of our state, discuss the problems of and methods of enforcing the principle of transparency in local legislation.This thesis primly uses usual research methodology, including comparing methodology, historical methodology, and typical law research methodology such as value of law, law elements and so on. Aiming at superficial phenomenon of problems of local legislation practice, by means of sociology methodology and demonstration methodology, the thesis illustrates how to realize transparency in local legislation, and by means of law value and elements methodology, it illustrates theoretical basis and functions of transparency system, and by means of comparing methodology and historical methodology, it illustrates that transparency system prevails in the developed countries and is meaningful for reference. This thesis thinks that way to realize transparency system in local legislation and making tentative plans of reforming and improving local legislation are of great significance in local legislative actions.
Keywords/Search Tags:WTO, transparency, legalization, transparency system
PDF Full Text Request
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