The Research On Legislative Procedure Of Local Government Regulations

"Legislation Law of the People's Republic of China"which has come into effect on July 1, 2000 , is our country a special regulation on the legislative activities of the legal system, this law takes the local government regulations as one of adjustments ,and the procedures for formulating local government regulations are provided by the State Council,whose power is authorized by article 74 of "Legislation Law of the People's Republic of China". This makes the study of legislative procedures of local government regulations becomes necessary. Local government regulations play a very important role. The necessity of local government regulations makes the attention on the quality of their legislation has become essential. The scientific legislative procedures have an irreplaceable significance in ensuring the quality of legislation . "Ordinance on legislative procedures of regulations" which was promulgated by the State Council ,has entered into force as of January 1,2002, and it is the country's first uniform provisions on the steps and methods on the activities of regulations' legislation ,as well as the highest level of regulatory norms documents on the legislative procedure of local regulation legislation at present. Thus the initial framework for the legislative procedure of local government regulations has been set up. Since then, most of the local governments who have the power to formulate regulations, formulate local governmental regulations to regulate the activities. This has formed a pattern,which takes the State Council, "Ordinance on legislative procedures of regulations" as the core, the local government regulations about legislative procedures of the regulations to carry out detailed legislative regulation . Thereafter ,to standardize legislative procedure of local government regulations is in a ever-accelerating pace. Yet, still a few local governments have not yet issued regulations on local legislative activities; and though the majority of local governments in this regard has been issued a document, but most of articles are just the simple repeat of the State Council, "Ordinance on legislative procedures of regulations" , not incompatible with the actual situation , can not play its due role at practical work . Therefore, to improve and make perfect the local legislative procedures, is necessary for legislative work and has a great significance in the legislative activities of local governments"Due Process of Law" is the theoretical premise of this thesis .here Due Process of Law in the Constitution of the United States and legislative procedures of local government regulations are combined. By the status quo analysis and reflection of the existing relevant laws and regulations on the legislative procedures of regulations , the proposal to formulate a unified law, which will be named as "Law on the legislative procedures of local government regulations" is put forward .and the basic principles should run through the law , the systems should be made are put forward in bold ideas and with detailed analysis.This thesis is composed of six parts. The First Part of the thesis is the preface ,which explains the background , motives and goals to study , as well as the main research methods and status quo. The Second Part of this thesis, the relationship between Due Process of Law of the United States Constitution and the legislative procedures of local government regulations is the basic point of writing , makes a brief introduction on Due Process of Law from the practice United States Supreme Court, mainly analyses the "procedural due process of law"; analysis of the legislative procedures on local governmental regulations is followed by , also analysis of the relationship between the Due Process of Law and the legislative procedures on local government regulations is made, including two sections,which are the proper legislative procedures of local governmental regulations and the value that local government regulations should reflect. The Second Part is the basic theory of the study, all of the following are to be conducted on this premise. The Third Part is the status and reflection of the legislative procedures on local government regulations, which is divided into two parts ,the status quo and the reflection .The analysis of the provisions of the State Council's "Ordinance on legislative procedures of regulations" and regulations of local governments is the status quo part ,with a focus on the State Council's "Ordinance on legislative procedures of regulations", the status quo part, in accordance with the general procedures of legislation, is divided into five parts, namely, project procedure, the drafting procedure, review procedure, procedure of publication of decisions , procedures of explanation and registration. Accordingly, its reflection, pointing out the problems of current legislation , is in accordance with the logic of this structure, that is, the problems of the project procedure , the problems of the drafting procedure , the problems of review procedure , the problems of the procedure of decision and publication ,and with the problems of procedure of explanation and registration . The Fourth Part is the necessity and feasibility analysis on the formulation of "Law on the legislative procedures of local government regulations," by this prediction analysis, giving the ready support for the Fifth Part . the need for local regulations and the existence of their defects , as well as the low effect level of regulatory legislation on legislative procedures , the lack of content, making the formulation of a unified "Law on the legislative procedures of local government regulations" has become necessary. Considering both the needs of reality and the ability of legislation aspects ,firstly , the awareness of "the legality of the procedure" has been gradually increased. Secondly ,there are full preparation In theory . Thirdly, rich experience have been accumulated after many years' legislation and law enforcement practice. These constitute a basic resource for a uniformed legislation. Thus making a conclusion that the legislative proposal is practical, rather than something out of nothing. The Fifth Part is the focus of this thesis, through the analysis of the basic principles that "Law on the legislative procedures of local government regulations" should be run through , namely, the principle of openness, fairness, and the principle of efficiency , the principle of participation ; and the systems should be set up, including the public right of legislation initiative system, the analysis system of the necessity of legislation , the pluralism system of drafting, the announcement system of the draft, the review and feedback system of the draft, the system of consideration , the system of announcement, the filing system, all these systems finally settle this thesis in the construction and perfection of system .The Sixth Part is the concluding remarks.