Focus On Regional Civil Lawmaker And Its Situation And Cause

For a very long time, the academia have been tending to focus on the civil law made by the NPC and it’s the standing committee, the central government.At the same time, they have ignored other civil laws made by the regional law-making agency.In fact, the civil law-making by the central agency don’t have all the obligation, so the academia should put more time and energy on the civil law-making by the regional agency.Long before Legislation Law being came into force, Regional lawmaking has been existed and achieved great success. But after the birth of Legislation Law, lawmaking right has been distributed between the central lawmaker and the regional lawmakers, the latter has some different point of view. Some regional lawmakers regard that they have the right of lawmaking on civil law, some regard that they have only few right of lawmaking on civil law, and some insist that they have no right of lawmaking on civil law. Just because of the mentioned points, many different even opposite views, manner and practice come into being. To solve this problem, combing my working background, the writer wants to analyse it through Lanchow Lawmaking in2012.As to the theory of method,"lift the problem, analyse the problem, resolve the problem " is use in this thesis. In part one, Lanchow lawmaking also been used as an example, this thesis introduce18regulations draft. The readers can get the outlet of Lanchow lawmaking in2012. In part two, this thesis points out all the problems during Lanchow lawmaking in2012, and especially motions a big problem means to this thesis’author that is regional lawmaking just always want to justify the civil relations. In part three, through lots of analysis, this thesis’author have found the reasons which result to the motioned problems. In part four, the last part, the Legislation Law, General Provisions of the Civil Law, Jus Rerum, the Contract Law, the Tort Law are all anaylsed by this thesis’ author in proper order, and in the last, this thesis draws a result: the legislation of civil relations have been distributed to the central lawmaking, the regional lawmaking have this right.This thesis’writing both satisfy the practice-working and lying on the theory, the empirical analysis, the normative analysis and the method of social jurisprudence all have been use, so we have some reasons to believe that it is very valuble.