Research On The Legislative Work By Theory Of Just Law In China

Obvious achievements have been made in our legislation since Chinese Eleventh CPC Central Committee Third Plenary Session was held, especially implementing legislation, through which we embarked on a new level in our work. However, these achievements didn’t mean the end of our work. And with the depth implementation of comprehensively deepen reforms and governing the country according to the law, we still face challenges and hard work in our legislation. Specially the theme, rule of good law, which came up at Chinese Eighteenth CPC Central Committee Fourth Plenary Session, is no wonder a higher goal in our work and a new subject for legislation academia. The article based on this, deep and detailed analysis and discussion have appeared to our legislation in this article, which is divided into three parts:The chapter one not only introduce the concept of legislation and the concept of just law,but also introduce jurist’s thesis.The legislation is a specific subject in accordance with the procedure of design of legalization in legal amendment, repeal and other activities.From the legislative concept, legislative requirements of formal justice.Legislative activities and a country’s level of development of productive forces, geographical environment, religious and moral ethics, cultural and social conditions factors have a close contact, which determines the legislation is "good", "bad" points, the law will require a substantial justice and law theory opposite work has an important guiding significance and do a good job of the premise of the legislation is to adhere to the guidance of the thoughts of conscientious law is to will the conscientious law theory of benign, interpretation of the established practice of democracy and science.The problems in our legislation and its reasons are referred to and analyzed in Chapter Two. We have three problems in democratic legislature, including the lack of the public participation in legislation, the restriction of their right of legislative initiative and the imperfect due process of law, which result from the democratic mechanism that needs to be improved. As for another aspect of scientific legislation, several problems remain to be solved. Such as the missing of systematic theory and in-depth study in our work, the not-so-good legislative mechanisms, legislative system and legislative technique, which are deeply due to the traditional political system that imprisons democratic legislature in our country, and in it there is the unclear party and government relations, the underlying cause of NPC weak self-construction and the lack of awareness of the public participation, which is also an important factor in legislation development.Perfect the legislative work is from the perspective of law in the chapter three. Based on the legislative experience of western countries for reference, to explore the proper way to solve problems in China legislation. This paper argues that to achieve democratic and scientific legislation in our country must improve the legislative system, the legislative mechanism, the legislative procedure and the legislative technology in four aspects to make efforts the legislation system related to the allocation of legislative power and the problem of defining the legislative authority, the legislature should take the constitution as the principle of clear lines of authority all legislative bodies, on the basis of social and economic development needs the rational allocation of legislative power. The legislative mechanism is the legislative process of legalization, institutionalization, legislative mechanism including democratic consultation mechanism legislation. The evaluation mechanism of legislation, legislation and supervision mechanism of public mechanism of legislation; the legislative procedure is the legislative principal part in the legislative process followed in the legislative system, improving the legislative process is a good form of law related to the inherent requirements of justice, Complete the legislative procedure should start planning legislation, to ensure that every legislative work are an important part of a legal basis. The legislative technique is an important guarantee for scientific legislation, improve the legislative technique of our country is in the stage of legislation, the use of legislation to make legislative technology forecasting, planning legislation and legislation ready to work; in the formal legislative stage, the use of legislation to the act that good technology, understanding the contradiction focus of controversy between the two sides, to resolve conflicts through certain technical methods, so as to promote the bill; in the legislation stage, through the legislation of certain legislative shortcomings found in time, and then collect information timely to adjust the law in legislation; in the process of implementation, through the legislation of certain good legislative evaluation and information feedback.