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Study On Local Legislation Institutions

Posted on:2008-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:S Q ShaFull Text:PDF
GTID:2166360215982959Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Development of western region is confronted with hitherto unprecedented opportunity and challenge since development of western region strategy is put into effect, both inherent structure of western region society and external behaviors display change numerous and complicated, develop also feasible our problem having discovered us time adjustment having to face and have to resolve regards in the human relations in society being in progress who also helps to bring about. Development primitive import is to develop , that problem "how to develop instantly" commends now's mainly under the context of development of western region society is how to do well in new rural construction in development of western region , use the problem that peasant's living standard improves , how to ensure an ecological environment in exploitation , can be used developing to promote development and not to such an extent as to take sacrificing an ecological environment as price problem , how to finish the new road to industrialization problem leaking under fine system support. The route of these problems are resolved ultimately should be with the support of legal system guarantee surely , also being to pass to law applies one aspect to ensure development of economic and social development on macroscopic view , is to realize "development of person " on microcosmic arrangement of idea on the other hand. Legislation means that system resource supports to economic and social development, relative to central authority legislation ,local legislation significance manifests oneself also slowly , exchange the effect making known to lower levels on the place having been laid stress on in the legislation process in enforcement, important bridge being that state laws is put into effect, also do flexibility and protruding local characteristic precipitated by local legislation work all right at the same time when adjust sinuous human relations in society in society legal system , can specifically for real problems.Local legislation quality superior or inferior rank possibly have direct impact to the success or failure arriving at economic and social development , the system economy scholar thinks exactly as: "That the law reflects economy relation passively that fault is inactive, is that the outside from economy relation produces an effect only to economy operation neither , it is the economic growth inherence key element , is running up the extremely important effect to economy". The western region development pattern is unlike the developed region development pattern , should promote economy and his progress that his society face tier with system from that system resource support comes up, effective as being able to form system means of legislation, how to finish wielding local legislative power rationally is that the local legislature comes across important problem , this problem investigation and discussion research that can be deepened by to local legislation system. How to perfect local legislation system, in building fine legal system especially under democracy and the science pattern, the major issue holding out , being to sway currently before us providing fine system resource for economic and social development. Under this background , the main body of a book is studied trying to pass pair of Xinjiang locals legislation practice , is start with real problems been confronted with by Xinjiang local legislation , is suggest that the legislation move forward to some extent with the phase to Xinjiang place and by the fact that the legal principle to these problems, analyse the cause revealing out bringing about problem bringing forward a relevance thereby. Therefore the main body of a book intend to be in progress from the tripartite discuss that: Part I: Discuss local legislation basic theory mainly. Relate to the framework and legislative competence currently in effect that legislative power and legislative power deploy divide status , go deep into the necessity expounding local legislation characteristic , having made an explanation to economic growth reinforcing the local legislation at the same time. Part II: Discuss Xinjiang local legislation practice mainly, legislation introducing the Xinjiang local legislation general situation and directing on the Xinjiang place analysis carrying out demonstration, by the fact that the analysis to three regulations in Xinjiang local law and regulations come to announce to Xinjiang local legislation are how to cut development problems in untying development of western region come legal system. Reveal a lot of deficiency there existing in middle in Xinjiang local legislation at the same time: The place there exists benefit-rization inclination of branch in legislation middle , the local legislation law of neutrality project source channel is narrow , legislation can of certificates system remains to be improved and perfected, proposed law single drafting way wait for a problem. Asymmetry, the public in announcing to self interest rate nature ,legislation information process of circulation bringing about these main difficult position cause lying in the government from the legal principle angle waits for aspect to the legislation attitude. Part III: This part is that are analytical to the countermeasure brought forward problem by Part II mainly. Suggest that in needing to insist on the following principle in perfect local legislation: Respond to legislation concept change together the legislation "not contradicting with , having a characteristic, but handling " principle , policy principle , adaptability principle , beneficial result principle and so on, perfects legislative process , expand legislation motion main body range, the legislation expanding a channel guiding the public participation actively , building legislation assistant system , improving legislation can of certificates system and so on. Can do with a purpose when facing local legislation middle have problem just now , support having what accomplished , can be that local economic growth and social progress provide effective system resource just now only with the attitude moving forward now and then all. At the same time also, the legislation provides firsthand information and theoretical drawing lessons to some other place .Xinjiang local legislation practice and the system to these problem suggest the legislation to some other place to be able to move forward to some extent .
Keywords/Search Tags:Local legislation, Legislation, Consummation
PDF Full Text Request
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