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On The Perfection Of Local Legislative Procedure

Posted on:2014-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z HuFull Text:PDF
GTID:2246330398478578Subject:Legal theory
Abstract/Summary:PDF Full Text Request
with more than60years’development, China has gradually set up the great goal of constructing a socialist country under the rule of law. With mature of national legislation system, the central devolves local legislative power and allows the local authorities to make local legislation to comply with the legislation conditions. Local legislation, in short, is the activities that local authorities make laws within the scope of the limits of their authority, in accordance with legal procedures and rules of activities. As part of the system of socialist legislation, local legislation and the central legislation and other social norms are adjusting our country’s legal relationship, with local legislation and the central legislation jointly affecting the overall operation of our country legislation system. With the promulgation of the "Legislation Law", it has made the legal provisions of the local legislative authority and made sure of the legitimacy of local legislation. According to the specific instructions of the "Legislative Law", local legislature should make some laws in line with the issues local area has been needed to formulate local regulations or in the future needed to develop laws Because of local legislation’s adjusting social relations more specificly, local legislation have proliferated.On one hand, local legislation has adjusted the legal relations within their respective administrative areas, reducing the burden of central legislation. The legislative process, on the other hand, appears so much serious problems, such as serious law-conflict phenomenon, wasting legislation resources, laws superposition and encumbrance,that legal system can not meet the expectations of legislation. This is deviate from purpose of legislative decentralization that it expected. In this point, establishing a reasonable and efficient local legislation procedure is very important for local legislation.Local legislative procedure is the process of the local legislation activities arrangement, preventing the arbitrariness of the legislative process and ensuring a scientific and democratic legislation process as much as possible, within a set of programs improving the quality of local legislation to the maximum extent possible, we hope we can make more contributions to a better legal system. Considering of decades of practice local legislation and China’s legislation system, I find the current situation of the local legislative process system is not pefectful, I choose to study the perfection of local legislation procedure. The author will elaborate in four parts:In the first part of this paper, I will elaborate relevant conceptions of the local legislative process,including local legislation present situations snd causes, the characteristics of the local legislative procedures and value,so that we can get a comprehensive understanding of a whole of the local legislative procedures.In the second part, the basic steps of general local legislation procedure will be introduced. What is worth of pointing out is that the author will expound the local legislation procedure which is before the formal procedures, making every effort to complete the whole system.In the third part, I will do some analysis about the defects existing in the local legislative procedure,elaborating the problems and analyzing the background of the causes of problems.In the fourth part, the basic measures about perfecting the local legislation procedure will be expounded. To improve the quality of the local legislative subjects, strengthen legislative norms, to set up the review of the hearing system, we can perfect the existing local legislation procedure. Establishing perfect local legislation procedure is the important guaranteeof improvement of the local legislation quality.
Keywords/Search Tags:Local legislation, Legislative procedure, Local legislative procedure
PDF Full Text Request
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