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Legislative Procedure Of "Larger Cities"Government Regulations

Posted on:2013-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:H Y YuFull Text:PDF
GTID:2246330374469633Subject:Constitution and Administrative Law
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"Larger cities" is not only a kind of cities, but also a concept of law which is given the legal significance. Its characteristics is different from the general cities. Based on the special needs of urban development, the central gives "Larger cities" legislative power to formulate regulations and rules, at the same time to realize "Larger cities" management functions by the rule of law. However, due to its low authenticity and limited resources, the legislative quality is not high. Democratic and scientific legislative procedures is a guarantee for its quality and it is also an important method to realize legislative justice. For this reason, in2001, the State Council formulated "the procedures for rules and regulations" in order to regulate the establishment procedures."Larger cities" formulated with local actual in conformity with local need rules and procedures for standard so that they can reach the execution of administrative regulations. At present,"Larger cities" government rules and the legislative process is the most repeat to ShangWeiFa. Its targeted and operability is not strong also cannot be satisfied with the special needs of legislation of "Larger cities" governments’regulations. Therefore, the paper analyzes of the "Larger cities" governments’ regulations is necessary for the legislative process to make it a satisfy legislation process needs program.Firstly, by comparing the "Larger cities" government regulations legislation and local legislation, the normative sex file legislation as well as the provincial government regulations legislation in entity and procedure are different so the "Larger cities" government regulations legislation is necessary. On the basis of that, there are several "Larger cities" government regulations legislative procedure in the project, the drafting, review, and published decision which explain the existing problems in the procedure, especially from the "larger cities" government regulations, characteristics, deny the necessity of the existence of the existing interpretation procedure. Finally, I point out its perfection according to the problems of "Larger cities" government regulation, On one hand, to exist more general legislation further refinement, make its have stronger maneuverability; on the other hand, according to the rules and specific content of the different importance, in the original program on the basis, have the option of applying wide Yan different procedures. Specifically, for general rules, mainly general formulation of regulations and enforcement of rules and regulations, should be applied more lenient procedure, namely project approving, drafting, review, decision and promulgation and filing procedure of supervision, the supervision procedure is mainly for filing multiple supervision procedure; For the special rules, the main content related to civil basic right to create regulations and city major public affairs regulations, which should be in a more relaxed program basis, choosing to apply the individual legislative procedure. Mainly in the project phase project demonstration program, to examine the stage of the hearing procedure, record supervision phase advance external approval procedure. Combining punishment with leniency program settings make "Larger cities" government regulations both with its democracy in legislation requirements, also satisfy its legislative efficiency demand, to realize its application program developed for the purpose of legislation regulations.
Keywords/Search Tags:Larger cities, Government regulations, Legislative procedure
PDF Full Text Request
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