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The Study On The Regional Administrative Legislation

Posted on:2013-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:J L ZouFull Text:PDF
GTID:2216330374463988Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Legislation of the regional administrative is according to legal procedures enacted mandatory binding and execution of behavior specification by the regulatory right of each local government for the region of economic region which shall be jointly and legislative matters. By its very nature, it still belongs to the context of the local administrative legislation, but also has many characteristics significantly different from the ordinary local legislation of the regional administrative, for example, Legislative object, cross-regional legislative body diversity, the commonality of the contents of the legislation, the legislative effect of superiority and so on.The main body of the legislation of the regional administrative including the consultations on the subject and the approval of the main two levels. The Consultative body is specifically involved in the development of the regional legislature and the executive, consultation, regulatory right of the Government Chief Executives and their representatives in the region manifests itself. The approval of the principal refers to China's Legislation Law defined four types of subjects. More than the relationship between the coordination of the main rooted in the approval of the principal, the approval of the subject is to coordinate the final judge of the main role. In the concrete-making process of the regional administrative, the legislative body should not only follow the Constitution, but also should complied with the legislation Law, They must be based on flexibility and innovation, such as actively implement reciprocity, equality, and consultation principles.Oversight mechanisms to establish and improve the legislation of the regional administrative, which means to ensure the lawful and reasonable Legislation of the regional administrative a key link. The supervision of the main body of the regional Legislation of the regional administrative in the Chinese context, which included the provincial people's congresses and their standing committees, the State Council, the legislature authorized agencies. As well as regional and the relations among the former two main oversight body, and the last one in close coordination. Actively implement Legislation of the regional administrative must resolutely carry out the "three sticks". Specifically, adhere to the legal issues for the supervision of the core, adhere to the legality of supervision principle, and adhere to the legislative results as the main object of supervision. Specific supervisory procedures of the legislation of the regional administrative should be designed under the following circumstances: firstly, the Joint Legislative on the common issues in the region to develop regional administrative regulations to implement the review of the record; Secondly, the regional executive and the legislature enacted the authorized should be implemented prior to approval, after the filing or approval of supervision.
Keywords/Search Tags:Regional administrative legislation, Legislative procedure, Legislativesupervision, Equal consultation, Common issues
PDF Full Text Request
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