Research On Legislation Guarantee Of "Prior To Carry And Try" Policy In Comprehensive Reforms Pilot Areas

Since New Area of Pudong in Shanghai was first established as Comprehensive Supplementary Reform area in 2005,12 provinces and regions have been endowed with the policy of "Prior to carry and try". In the view of legislation, "Prior to carry and try" means that, according to the authorization of the central, each comprehensive supplementary reform area can take the lead in legislation regarding the matters reform in the test areas, formulate the relevant laws and regulations, use the current legislation ensure the reform and development. We know that the guarantee of legislation plays an important role in the reform success, but just in the point of time, the legislation construction of the test area is still in the initial stage, so there is no available legislation experience we can use for reference, at the same time the specifically research of legislation guarantee of "Prior to carry and try" policy in domestic are very few. In this paper, we focused on the present situation of "Prior to carry and try" policy in the legislation guarantee, and research the achievement of "Prior to carry and try" policy in the legislation guarantee, we found the problems and put forward relevant solutions and valuable references for the legal guarantee reform.Therefore in this paper we tried to study on the legislation guarantee of "Prior to carry and try" policy. Firstly we used the method of the logical analysis and semantic analysis, and defined the concept and connotation of the"Prior to carry and try", legislation guarantee. Then according to the necessity of "Prior to carry and try"policy in the legislation guarantee,we researched the theoretical basis for the legislation guarantee, and the used value analysis method to reveal the theoretical value and practical value of legislation guarantee in comprehensive supplementary reform areas.Then according to the empirical analysis,we studied the current situation and existed problems, then we promote the basic mode and specific measures of "Prior to carry and try" legislation guarantee on the basis of above research. This paper was divided into four parts:The first part:Analysis of related concepts of "Prior to carry and try" policy in the legislation guarantee.The comprehensive reform "Prior to carry and try" is rising now, so the research at home and abroad and the related concept and connotation of fundamental analysis is very few, so people don’t know about it.So this part explained the Prior to carry and try and legislation guarantee, so that the readers can understand effectively, and to prepare for the later article discusses.The second part:The theory analysis of "Prior to carry and try" policy legislation guarantee.This section to solve the main problem is the theory problems of "Prior to carry and try" policy legislation guarantee.First of all, we analyzed the necessity of the "Prior to carry and try" policy legislation guarantee, improved the understanding of it.Then we analyzed the theoretical basis of the legislative guarantee from the aspects of jurisprudence, constitutional law, administrative law,the law sociology basis and philosophy.Finally,we analyzed the value of the "Prior to carry and try" legislation guarantee from the theoretical level and practical levelThe third part:The status analysis of "Prior to carry and try" policy legislation guarantee. The first section of this chapter is to study the legal support situation of "Prior to carry and try" policy legislation guarantee from national and each area using empirical analysis methods. The second section is to point the existing problems in the legislation guarantee of the "Prior to carry and try" policy in the reform areas,to illustrate there are many shortcomings in the "Prior to carry and try" policy legislation guarantee.The fourth part:The construction of "Prior to carry and try" policy legislation guarantee. We construct the "Prior to carry and try" policy legislation guarantee mainly from the the basic legal theory,basic mode and concrete measures.This part firstly studied which the basic legal theory should be followed in "Prior to carry and try" policy legislation guarantee, and based on this research analyzed the fundamental mode of "Prior to carry and try" policy legislation guarantee.Finally explored the specific legislation guarantee measures, to put forward for the construction of the legislation guarantee in the comprehensive reform areas.This paper has rigorous structures, definite points and clear concepts, the theory was combined with empirical examples. Based on the existing research results combined with the status analysis of "Prior to carry and try "policy legislation guarantee, we proposed the constructive mode and specific measures for legislation guarantee of "Prior to carry and try" policy and provided references for the legislation construction in the comprehensive reform pilot areas.