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The Analysis Of "Chongqing 'the Challenge System For The Administrative Legislation'" Case

Posted on:2011-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2166360305965610Subject:Law
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With the surge increase of the legislative activities from China's central to local, nearly 80% of the legal documents drafted by the government functions and departments, the phenomenon of the department legislation is growing seriously. Based on this, after years of exploration, Chongqing open the first Challenge System for the administrative legislation. July 12,2007, the Legislative Affairs Office of Chongqing Municipal Government and Chongqing School of Administration, including other units signed a "bidding Chongqing Regulations" and other six legislative drafts of agreement. This move marks that the commencement of the trial in Chongqing challenge system for administrative legislation begins.This case of Chongqing "the Challenge System" can show high research value both in the legislative and administrative law, That's why I choose this case for the study. This article is divided into three parts.Firstly, Summarizes the case Chongqing "the Challenge System," of the conten and the theoretical knowledge.Secondly, Explains the case in detail on the reasons that Chongqing government engages in the Challenge system; Analyzes the Chongqing" the Challenge system" with the provisions of relevant laws of China, respectively, both from the entities and procedures; Analyzes Chongqing " the Challenge system" for the solution of interest which is the only way to be used.Finally, This essay gives the enlightments on the administrative legislation. On one hand, the Challenge system in line with administrative law principles of "controlling" concept is conducive to containing "the interests of legal department," but the Challenge system should be improved, including the form of law to standardize and strengthen legislative measures. On the other hand, the article explores the solution of legal interests in other ways, according to the second part of the analysis.
Keywords/Search Tags:challenge system, departmental interests, legislative justice, public participation, legislative review
PDF Full Text Request
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