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The Research About The Current Problems Of The Legislative Procedure Of The National Autonomy Laws And Regulations

Posted on:2013-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhaoFull Text:PDF
GTID:2246330374991922Subject:Constitution and Administrative Law
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The national autonomous laws and legislation is an important legal guarantee for the full implementation of the system of regional ethnic autonomy, and the legislative procedure of the the national autonomy regulations is the base of the excellent national autonomy regulations However, the research of the autonomous regulations and the separate regulations is much more than the procedure of that, because the entity law is paid much more attention to than the procedure law in our theory circle. My article is about a further research of the procedure of the national autonomy laws and legislations according to the previous results, and some relative constructive opinions and proposals are be offered in it. There are five partsThe research background,the research status, the purpose and significance of the study is introduced in the first part.The national autonomy laws and legislations and the procedure is summarized in the second part. Firstly, the summary of the national autonomy laws and legislations. It is the discuss about the concept, the characteristics and the nature of the variation regulations and the supplementary regulations. Secondly, the summary of the procedure. It is the introduction of the concept, the main stage of the procedure and the legislative status of the procedure.The reflect of the procedure is in the third part. The results are:Firstly, the unified regulations about the procedure is too general. Secondly, there are no special regulations about the procedure in every autonomous regions. Thirdly, the forms of the regulations about the procedure in the current autonomous area are not unified. At last, there are some problems in the main system:the proposal system problems, the review system problems, the voting system problem, the approval system problems, the deficiencies of the procedure responsibility system of violating the legislation The necessity and the feasibility of developing a unified, perfect procedure is analyzed in the forth part. About the necessity:Firstly, the need of reflecting the value of the legitimate procedure. Secondly, the procedure laws are the base of the entity laws. Thirdly, the need of driving the development of the legislative procedure. At last, the need of the full implementing the system of regional autonomy of Minority Nationalities. About the feasibility:Firstly, the relevant theoretical research exiting. Secondly, a large number of valuable legislative procedures in practice. Thirdly, the development of the legislative procedure of the national autonomy regulations. At last, the improvement of the construction of the people’s congress.The suggestion that the unified regulations about the procedure of the national autonomy laws and regulations is formulated in the central legislation is given in the fifth part. Firstly, the ides that the special part about the procedure should be added in the the law of Regional National Autonomy is clearly put forward. Secondly, some specific measures of perfecting the procedure is offered:Solving the problems in the system of the proposal; perfecting the review system; modifying the voting system; standardizing the examination and approval system adding the liability clause of violating the legislative procedure.
Keywords/Search Tags:the national autonomy laws and regulations, questions, the necessity, the feasibility, the procedure of the national autonomy laws and regulations
PDF Full Text Request
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