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Discuss Of Local Legislative Basal Procedure

Posted on:2008-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y L GaoFull Text:PDF
GTID:2166360215458525Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Really along with the modern democratic institution, the organization of the legislative power exclusively in mankind's history appeared to exercise, people also started to know the value and meaning of the existence of the independent lawmaking organization and lawmaking procedure, to known lawmaking had to circulate in formally with the procedure of the reasonableness. Seeing from the outside formality, the lawmaking process is being brought into to a large extent legal orbit, the lawmaking proposal from put forward, deliberate, discuss to pass, announce to all has a set of explicit and strict procedure rules; from the inside substance, the function of the lawmaking procedure lies in the norm legislative power exercise, the guarantee of citizen right, the enhancement of lawmaking quality and efficiency. Before that kind of lawmaking just as one's personal subjective will has become history unscrupulously. This kind of lawmaking can not be found existence in the absolute monarchy society. The turning point of this quality leap is that the legislative power comes out from the indiscrete national power and rises for the tallest power of the nation or is compound with other national power, such as the judicature, administrative power…etc.. The independent existence of the legislative power and the lawmaking organization make the creation of the modern lawmaking procedure become inevitable.Setting up proper and reasonable procedure through a system is a kind of reasonableness choice for the mankind. There is old-age abuses of the heavy entity but neglect of procedure in our country traditional law culture, the program design and usage are subjected to contempt what shouldn't be. Along with the strategy of ruling country by law putting forward, the fields of law academic theory and the actual situation in our country pay more and more attention to the value of the procedure. But research on law procedure hasn't been carried on, the good characters the modern lawmaking procedure should have such as democracy, public, negotiation and self-discipline didn't get an enough value. Setting up the democracy, candor and science lawmaking procedure has important real meanings in improving local place lawmaking quality and pushing forward democracy and the legal system in our country. This text begins from the basic concepts of lawmaking and makes an explanation of the concepts of the lawmaking, local lawmaking, local lawmaking procedure and it value; Secondly, with four basic procedures and their putting forward, deliberate, decide and announce as the foundation in Sichuan province, a discussion on basic composing of lawmaking procedure system is carried on. Then, the current condition and existent problems in procedure of local lawmaking is studied; At last, some perfect methods of lawmaking procedure in is put forward.
Keywords/Search Tags:lawmaking, legislative procedure, local legislative procedure, deliberations of local regulation
PDF Full Text Request
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