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Regulation Analysis Of Legislative Body

Posted on:2008-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:J B YuFull Text:PDF
GTID:2166360215952882Subject:Law and Economics
Abstract/Summary:PDF Full Text Request
Long time until now, the study on legislation problem is mainly the task of legists. Several authoritative works by Zhou Wangsheng as Legislative Science, Legislative Argument deeply discuss legislative problem from the nomology point of view, especially emphasizes significance of the research on legislative body. The work Economic Analysis of Law written by Richard A Posner makes a deeper argumentation on relevant problem of legislation, in which those argumentations about benefit groups, the functions of judges on legislation have a very significant revelation meaning on the writing of this paper. Research on legislative problem from economics point of view started a little bit later in our country, most economists emphasize particularly from costs and benefits point of view to make economy analysis on legislation. The research on the relationship of legislation between supply and demand is a little limited. Argumentation Guideline on Law Economics by Zhou Linbin makes a deeper analysis to supply and demand problem of law, but his study visual angle is a little wider without involving more problems on legislative body. In a word, whether in law field or in economics field, the relevant study on legislative body is still not enough which lacks pertinence and systematicness.I've been confused about some problems appearing during legislative process of our country all the time, such as hard to produce in property law and civil law; contradictions of engaging in economic legislation and its difficulty; generalization of administrative laws and regulations. Many problems showing in the legislation of our country all have some connections with factors of legislative body. This article, talking about the problems existing in our legislation, tries to look for macroscopical solving plan from legislative body point of view. Through deep analysis one by one to legislative body, this article concludes and reveals difference on legislative body factor between China and western developed countries one by one to improve body construction in our legislative market. This article makes research on legislative body from economics point of view, through explanation of preference problem, supply and demand problem of legislative body, using supply and demand theory. It makes an entire analysis in macroscopical aspect and makes a partial analysis in microcosmic aspect to law supply and demand of legislative body, shows supply and demand relationships of measurement legislation, makes supply and demand theory regarding legislative body as its core more perfect to look for ways to improve body construction of legislative market in our country.When forecasting development trend of law economics, some scholars provide that the argumentation relate to preference problems of law legislation is not complete. Therefore, this article chooses preference of legislative body as its cut-in point, vigorously tries to reveal mystery veil of legislative body. Hoping through the argumentation to preference problems, analyze important influence legislative body factor has on achieving balance between supply and demand, thus reveal the necessity and realistic meaning of regulations carried out on legislative body. We need to attach importance to the significant influence of legislative body in legislation, regulate legislative body through system design to increase transparency and widely participation of legislation and achieve science popularization, democratization and law-base of legislation.In the first section of this article, it makes a clear limit to the concept and scope of legislative body, clarifies wrong recognition that we have ignored the concept legislative body and its scope decreased during the long time until now.In the second part of this article, it settles a theoretical base to the preference in the following legislative body restriction through leading the main preference and second preference and meanwhile, it reveals the merit of legislative body preference. We should face up to preference problems of legislative body without dodging, and we must admit that legislative body has relative independent benefits which could be carefully divided into different types. At present, benefits competition is a prominent exhibition in Chinese legislation. Many benefit contradiction and balance problems make legislative body face difficult choice.The third part of the paper distinguishes the two concepts of law supply and law supply of legislative body (law production), it mainly explains characteristics of law supply of legislative body and tries to form correct recognition to the law supply of legislative body in theory. Through analyzing realistic problems, we will find the place to regulate legislative body.The fourth part mainly analyzes asymmetry of law demand between state departments and market subject. It is with more important realistic meaning to study law demand of state departments which exist as legislative body.In the fifth part, it explains the meaning of balance and imbalance of legislative supply and demand, emphasizing that we should sufficiently exert the active function of legislative body to achieve balance of legislative supply and demand. The article believes that building social demand dominant legislative supply and demand mold is a necessary choice for us to improve body construction in legislative market. By designing legislative supply and demand model, I analyze various kinds of factors which influence legislative supply and demand relationship, prominently emphasizing the key role that the legislative body plays in legislation. In order to achieve balance of legislative supply and demand, there are three measures relevant to legislative body: the first is to scan benefit inclining problems over again; the second is to well resolve resources making up problems; the third is the construction and creation of system, to achieve balance through system design.The sixth part integrates the above contents and provides the viewpoint that we must regulate legislative body. The methods of regulating legislative body mainly include correct limit of legislative body scope, restriction of legislative body preference, guidance of law demand of legislative body and regulation of law supply of legislative body.Deploy analysis to the body in legislative market by choosing economics point of view, using supply and demand theory, reveal those legislative body preference problems which are often obviated and hidden for a long time is the unique place of this article. The difference revelation on legislative body factors between China and western developed countries of this article has some revelation meaning for realization of monocracy in our country. Meanwhile, based on using regulation model for reference, it has further designed legislative supply and demand model. But the model is still very simple which lacks effective demonstration analysis. From now on, we should pay more attention to the quantity problems of legislation to receive more experience data.
Keywords/Search Tags:Legislative
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