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Concerning The Perfection Of Legislation In Our Country

Posted on:2015-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:X T YinFull Text:PDF
GTID:2296330431964516Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In our traditional legal culture, there has been emphasis on ideological entity, light procedures and guidance in order to hear the case. Physical aspects of the building by many, but the deep research in application of confined to a certain extent. Should have modern legislation democracy, openness, negotiation and good qualities such as self‐discipline didn’t get enough attention. Some people think the only reason is that compliance procedures to ensure the correct implementation of the substantive law, there are those who will be subservient to the procedural law as a means of substantive law directly or, as the typical instrumental color. With the deepening of China’s legal system level, the legal system of socialism with Chinese characteristics gradually formed, Our legal theory and practice paid more and more attention to the research value of the program, and made great progress in a certain range. However, due to the related discussion and the research has just started, program instrumentalism even nihilistic thoughts has not been completely eliminated. Research and solve the problem of Chinese legislation, has become China’s perfect legislative process, legislative system and scientific and rational formulation of the legislative law of the People’s Republic of China is an important foundation. Both from theory and practice point of view, there are corresponding problems in China’s legislative process, found the problem, and then put forward the corresponding suggestions to solve these problems, the construction of democracy, reasonable, fair and legal legislation procedure, improving the level of our country’s legislation, promoting China’s democratization process is of great significance.This paper mainly divided into three parts: The first part is mainly the basic theories of legislative procedures, it analyzes the legislative process from the angle of jurisprudence to achieve the purpose and value. The second part mainly adopt the method of comparative analysis, the central and local legislative process,summarizes the similarities and differences of the two; At the same time, through analysis of the legislative procedure of United States, Britain, Japan, Germany, realizing our country to absorb advanced foreign experience for reference. Through the above a series of analysis and comparison, in the last part of the article, the author tries to put forward the defects existing in the current legislation in our country, then elaborates the problems existing in the legislative proposal stage, the review stage, the vote stage and publishing stage, then put forward the improvement of the corresponding measures for the existing problems.
Keywords/Search Tags:Legislative process, The central legislation, Local legislation, review, problem, Improve the countermeasures
PDF Full Text Request
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