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Analysis Of The Measure Of Interest In The Legislation

Posted on:2014-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z J DuFull Text:PDF
GTID:2256330401478363Subject:Legal theory
Abstract/Summary:PDF Full Text Request
There are a variety of theories about the origin of law.By theanalysis of the relationship between the law and the interests,we canget that interests have a decisive role of law. The formation anddevelopment of the law is also adjustment and confirmation of theinterests. It is a new field of legal research about the measures ofInterests as a legislative methodology.The first chapter is review about the theory of measure of interestand legislation. By research of Western law schools especificallyUtilitarian school of law, Social law school and Economic analysis oflaw school, we can sesrch theoretical origin of the theory of measureof interest in order to lay the theoretical foundation for analysis ofthe measure of interest.The second chapter detailed analysis of the measure of interest. Thefirst is the legislative Interpretation of “interest”,and then wesearch the pattern of interests as interests division and its affect.The theory of measure of interest mainly Include expression of interestdemands and the balance of interests. Expression of interest demands is not only one of the preconditions of measure of interest but also keylink of Legislative fairness and justice.The process Inevitably involvesInterest groups and their expression of interest demands.The third chapter is the analysis of the measure of interest in thelegislation from the perspective on the evolution of medicallegislation.We can draw that the development of China’s legislation iscontinuous progressive.The fourth chapter is the perfect of the theory of measure of interestand legislation.The first thing we should do is to balance the gap betweendifferent interest groups.The second is improving the legislative systemfrom People’s congress system and so on.The third is that analysis ofthe measure of interest should be consistent to China’s legislative value.The latter is not the legislative goals of measure of interest but alsoits principle.
Keywords/Search Tags:Legislation, Measure of interest, Medicallegislation
PDF Full Text Request
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