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On The Quality Improving Of Local Legislation

Posted on:2017-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z CuiFull Text:PDF
GTID:2296330482980317Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the rapid development of China’s socialist market economy, the increasing number of local legislation, covering all aspects of social life. Local legislation is an important complement to the central legislation, is an important part of the legislative system, plays an important role in China’s legal construction. Local legislation directly affects the vital interests of the masses, about the local social development and stability, enough to cause our attention. Since the reform and opening up in the number of local legislation has made remarkable achievements, the basic realization of the "legal basis" of the socialist rule of law goals. At the same time, we are increasingly aware of the quality of local legislation is more and more prominent. At present, China is in the reform of the socialist market economy and the critical period of development, in this background delve into deep-seated problems of the local legislative system exists, and propose solutions related initiatives, which improve the quality of legislation is undoubtedly where a large There are helpful.In this paper, comparative analysis and summarize the method is divided into three parts to elaborate: First, the basic theory of local legislation quality, and then analyzes the quality of legislation and the existence of local problems and their causes, and finally put forward legislation to enhance the quality of our local relevant initiatives.The purpose of this research is to study the quality of legislation through our local analysis, found that the quality of our legislation where there are problems, because these problems and in-depth analysis. Identify the problems in order to better solve the problem, we have to analyze the basis of these problems causes, proposed a series of measures to improve the quality of our local legislation, we are targeted. China is now in a critical period of socialist construction, the frequency of various social contradictions, complexity unprecedented, it is even more need to increase legislation to regulate these issues in order to achieve a stable social order, and ensure rapid socio-economic development of. Local legislation is an important component of China’s socialist legal system, with "indeed affect the whole body of the important position." Great reference for the central legislation, its importance is self-evident. It as the foundation of the building, it is the foundation of China’s socialist legal system, only solid basis, and will it be possible to develop a higher level and quality of central legislation. Since the reform and opening up, China’s local people’s congresses and their standing committees formulated about 7,500 local regulations currently in effect, the development of ethnic autonomous areas about 700 autonomous regulations and separate regulations, which guarantee the rapid development of China’s socialist made great contribution. Standing in the new era, a new starting point, China’s socialist economy has developed to a new stage, a new level, as long as we have not done, "according to the law" on it. In recent years, the quality of local legislation has attracted increasing attention. Legislation is not high on the one hand the quality of local waste a lot of legislative resources, triggering people’s discontent, on the other hand its social and economic development can not afford a positive effect not only, or even a negative effect. Therefore, to improve the quality of local legislation is imminent.Through research and analysis on the quality of our local legislation, we have reached the following conclusions. The main problems of the existence of the quality of local legislation are: ultra vires legislation phenomenon obviously, legislative hysteresis exist, there is a departmental interests to protect, repeat legislation, the lack of local flavor, local protectionism, many local legislative body, the Legislative name confusion. There is legislation in place for the quality of the reasons for the above problems, the paper summarized the following points: the concept and quality of the main reasons for the legislation on the unclear division of legislative authority, the legislative process is imperfect, imperfect legislation hearing system, filing oversight mechanisms are inadequate Wait. In this paper, in-depth analysis of factors affecting the quality of local legislation is proposed in order to better improve the quality of legislation and local initiatives to achieve targeted. To this end, we propose the following initiatives to enhance the quality of local legislation: the main building to strengthen local legislation, specifically local legislative authority, improve local legislative procedures, improve the legislative hearing system, improve the filing and examination system.Improve the quality of local legislation, the overall construction of socialist rule of law in terms of far-reaching significance. On the one hand the local level of the quality of legislation is a measure of a country’s level of an important indicator of the rule of law, on the other hand is an important means of social stability and development of protection. At present, our country has developed thousands of local laws and regulations, but can solve social problems "good law", but very few. This highlights the quality of our legislation is not high status places, worthy of our legislators, legal experts and the public have thought. This article is aimed at "improving the quality of legislation place" to expand this core issue specifically addressed, and presented a series of practical measures, we hope to improve our local quality of legislation has a positive effect.
Keywords/Search Tags:the quality of local legislation, Local legislature, Local legislative partition, Local legislative procedure
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