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Standards Of Legal Procedure To Justify The Research

Posted on:2016-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2296330482963429Subject:Constitution and Administrative Law
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With the transformation of government governance idea and way, social governance model and deepen the system of social management innovation is the main task of the construction of service government, the standard as a member of the social norm system, has played a role in regulating social relations. Approximate, governing the country by the law further refine standards in social governance except as mandatory norms to guide social activities can also play a stiff method is not mandatory binding soft law. Good governance in addition to digest more in need of good marks shall be assisted, good target such as law generally need to justify program to provide institutional guarantee, but at present our country lacks enough good standard rules support in order to promote the good of society. Investigate its reason is that our country’s the design defects existing in the current standard procedures, standards procedure not under the rule of law and a lack of lack of democratic legitimacy factors making process and application constraints, lack of legitimacy caused the plight of the issue of China’s current standards. System of process error naturally made good products, not the same. Good standard without fairness and transparency of the process, the independence and differentiation of procedures, standards process need to due process of law to safeguard the fairness and rationality, to that end, this paper aims to the standard procedures for carding and analysis on the current situation of the development, to further to find the standards activity deep application problems of the administrative behavior, in order to standardization of our country’s reform and establish standards provide theoretical support for the due process of law. In this paper, the main structure is as follows:The first part through the realistic social problem which leads to the standard.First of all, through the fuel standard questions gb kick off topic. Secondly, based on the standard analysis to illustrate the legal nature of nature. Again, this paper expounds the standards program to justify the role of social economy and its significance in social governance.The second part of empirical research on the procedures of standards in our country. First of all, according to the standardization law rules that the standards authority division system and management system in our country. Second, check data, field survey in Song Yang tea, for example further demonstrates the specific standards development process of our country. Again, through the fuel gb and nongfu spring standard door events such as the social problems of our country standard setting the problems existing in the practice analysis, to further three-dimensional to highlight problems and deficiencies. At the same time, this paper expounds the practical problems existing in the process of Chinese standards, behind closed doors, scientific kidnapping democracy out public welfare and interests, the standards system of chaos and standard formulation process interests and other major issues. The third part of standard procedures for normative analysis to our country. First of all, the standard procedure law system construction of our country generally combed, introduces the relevant standards on the current standard of procedure law system. Second, through the analysis of the current legal system put forward the standard procedures for the legal norms of hysteresis, and related legal conflict question. Again, differences between the connotation of the legal process and due process of law and points out that the lack of standards in China, due process of law is a critical problem.The fourth part of standard procedures to justify the concrete elements are expounded. First of all, this paper puts forward the standard procedures for legitimation problems to sort out the relationship and difference of standards and technology and technical specification. Secondly, put forward the technology of spontaneous, the contradiction of the progressive and standard constantly improve again, the standard technical factors led to the limitations of subject choice and finiteness and standards of public participation in the program to justify to face problems.The fifth part introduces the Justification of extraterritorial experience of the construction of the standards program. First of all, to introduce standardized the standards of developed countries such as the US and UK program democracy, transparency, the rule of law construction and the development of standards of consistency, the standards of every link shall be standardized. Secondly, this paper introduces the active participation of social organizations in the standards and its special role. Enhance the vitality of standards implementation of law and public policy interactive, mutual cooperate with carrot and stick, as a means to govern the society.The sixth part puts forward the construction standards of due process of law. First of all, in the future standardization of clear standards set by the rule of law in the construction of the rule of law, science, the basic legal principles such as democracy, law priority. Second reconstruction standard formulation main body and develop procedures, establish the subject selection mechanism and standards to participate in the program of standard drafting, comment, vote, voting and other process and logging mechanism. Again, established between the standard of form a complete set of the effectiveness of the safeguard mechanism between different standard clear levels, new and old standard conflict between the solution of the clear specification and standard of review mechanism. Establish standards in violation of legal procedure of relief mechanism, standards activities should be brought into the scope of judicial review and standard procedural examination method is put forward a new conception.
Keywords/Search Tags:standard, Technology, The legal process, legitimation
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