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The Research On Authorized Legislation And The Supervision

Posted on:2011-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LiFull Text:PDF
GTID:2166360302490031Subject:Constitution and Administrative Law
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Six decades of our country has been setted,The legal system construction has made a long-term development under the leadership of Communist Party.The economic and social undertakings have made great development,Authorized legislation has played an important role in the economically developed has been proved,especial in Economic Zones it's has a positive meaning,for building a socialist country ruled by law Authorized legislation has played an important role in the history and has not been stopped fully demonstrated its own special importance,Scholars from various countries have conducted their studies,the same as the state in China,there are a lot of scholars have discussed them in his paper,the author think that it should not be denied Authorized legislation of the various historical periods,it should be a legitimate and constitutionality of departure,and from this point to start the discussion.This article has three parts,the introduction,the body,the conclusion.The introduction of this article was written account of the intention and wishes.Paper is divided into three parts,with little in detail,with a little detail in the description of the Authorized legislation The First part,first introduced the basic concept of Authorized legislation,as there are a lot of scholars study this subject,but I defined separately for each development by comparing their views on society.followed by the historical evolution of the Authorized legislation for described,through the legislative system at home and abroad authorized by the emergence and development of its existence to describe the historical value,for our discussion below of specific Authorized legislation laid the foundation.Authorized legislation of the three constituent elements at this stage to measure whether the Authorized legislation standards.First,the legal authority and mandate to the main subject.Second,the specific authorization of individual specifications.Third,authorization clarity,the authorized purpose,scope,duration and so on.In this section,the author also of several of the concepts of the analysis,1,Authorized legislation and terms of legislation,From the relevant provisions of the Constitution can be seen that local authorities as well as governments already have the authorities under the Constitution,a certain amount of legislative power and therefore should affirm the existence of legislative authority,and the terms of legislation has been the Constitution, and thus the executive authorities have the legislative authority within the framework of the Constitution.2,Authorized legislation and law with the authorized legislation,based on the following three reasons,we can see the Law empowers the Authorized legislation does not belong.First,the grant does not meet the formal requirements,there should be authorized by law,should not be this article by a law called the Authorized legislation. Secondly,there should be clear criteria,not just under the Constitution and the laws and administrative regulations regarded as such a vague provisions with a clear standard.Third, this situation should be defined for the implementation of the law to do the corresponding provisions which would help to clarify the legislative ideas,help for Authorized legislation to monitor and control.3,Authorized legislation and the authority grant to the SEZ.current legislation system of China is divided into two form,The general mandate and specifically authorized,tell from the authorized subject,are authorized subject is authorized to the SEZ authority,its legal basis is the "Legislation Law"65th Article.The second part,author make a specific description of Authorized legislation and it's shortcomings.First,the short of legislation although Authorized legislation has been developed in theory and practice,and finally developed and defined in the "Legislation LAW".Secondly,the mandates and granted subjects is unknown.Third,the authority violated a clarify principle.For the Authorized legislation,the important aspect is the supervision for Authorized legislation in the form,composition,as well as the control of the prior,during and after is particularly important,so author take a single part to study it. Without a viable Supervision system will lead to a state that there are lots of rules but without supervision rule,eventually leading to departmental interests super the rules. China's current supervision model,firstly,our system only provides record department there is no the corrective measures within authorities.Secondly,only measures provides in the "Legislative Act" is the requirements right put forward to review the provisions, without the reflection the political participation of citizens constitutional rights,the Constitution stipulates that citizens,legal persons,other organizations have the right to make recommendations,in the Constitution stipulates that citizens believe that the laws, administrative regulations,rules and regulations contravene the Constitution may be proposed by the review see the meaning.But in the provisions of the law is not reflected this requirement.Third,the lack of the legislative process of citizen participation Authorized legislation.Fourth,in out legal system there is no review provision for the Authorized legislation but in foreign countries provides this system,Without this system harm for improving the quality of legislation,and legislative accountability.Authorized the improvement of legislative system,it is mainly through the improvement of three.First,the improvement of the theory.1.To further clarify the subject and the Authorized legislation authorized scope of the subject.2.To further standardize the Authorization Act.3.The fourth principle of a clear mandate,clearing the supervision of the principal Authorized legislation.Second,procedural control,an authorizing legislation to establish control of the program,authorized by the legislative process monitoring is of great significance,2 pairs of control of the program authorized by the legislative oversightThe third is to improve delegated legislation.Author make a study by compare the Chinese and foreign to improve the Authorized legislation.This is also the author analysis our present system and give some concrete,feasible suggestions,such as the establishment of judicial review system,and regular evaluation system.The third part is the core part. The Authorized legislation of China has its historical specificity,it can not be compared to some foreign countries.It has to find own ways to improve in accordance with China's national conditions,of course,there are many problems which has a theoretical construct, Until "Legislative Law" promulgated,it is turned better,but it is not mean it has been perfect.In this section,the Authorized legislation try to give a convincing theoretical framework through the theory,composition,process control and supervision of the sound.At the conclusion section,it summarizes the full text of this article,and tell that the system would be a long-term existence of Authorized legislation,it will not be diminish with the enhance of the legislation and even broader space.Authorized legislation has played an important role to make up for for perfect socialist legal system and deficiencies the legislation,Although Authorized legislation are detailed in the legal vacancy,or the premise of the law.It has been done a more detailed regulations for the application of the conditions or standards,applicable procedures so as to increa the operability of Authorized legislationIt is no doubt that Authorized legislation has play an important role for the laws and regulations to be implemented effectively Authorized legislation on the one hand to be regulated at the legislative level,on the other hand through self-improvement mechanism. Authorized legislation that allows the executive to legislate to affecting all aspects of social and economic life,even if the administration can not do so it is still in vain.In recent years, the theory of the rule of law,the sun Were have played an important role in the advocation of the Authorized legislation for the theoretical and institutional innovations.China's accession to the WTO system,it will not a slogan to move forward in step with the world community,thus,Authorized legislation re-innovation in the economy will continue to play an important role.
Keywords/Search Tags:Legislation
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