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A Study Of Legislative Change And Cancellation System

Posted on:2017-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y N LiuFull Text:PDF
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In order to realize the rule of law, it must be provided that the law should be good law. All countries pay attention to the supervision and review of legislative activities in many ways. At the same time, they establish legislative supervision system to ensure that the legislation applicable "law" is "good law." At present, China has formed a complete system of legislative oversight, which is good for preventing the alienation of power, ensuring the scientific legislation and improving our legal system. However, due to various subjective and objective factors,, there is a lot of unconstitutional, illegal or inappropriate circumstances normative documents in force has failed to give timely changed or revoked in China, so the legislative changes and revocation system is keeping in a "nominal" the embarrassing situation a long period of time, and its due role has not yet to play out.Legislative changes and revocation system as a legislative oversight is an important institution in our country, and has a direct impact on the change of the abolition of normative documents. Then it plays an essential role to ensure scientific operation of legislative activity. But the current academic research point of view, scholars have been paying little attention on the legislative changes and revocation system, while the regime itself has many problems. Even in the "National People’s Congress on Amending<People’s Republic of China Legislation Law> " the third meeting of the 12th National People’s Congress on Mar.15, 2015, many systems had be made changes. But unfortunately, our legislative system has not changed and revoked among them.For the above cases, the author uses a lot of methods such as literature analysis, comparative analysis method and various methods empirical analysison the basis of existing rules. Then combined our legislative changes and revocation system with the foreign system. Afterward, the author analyses the problems of our legislative changes and revocation system from both theoretical and practical aspects. According to this idea, the paper is divided into six chapters:Firstly, in the introduction part of this thesis it describes the selected background, research status, the research background and research methods; Secondly, it details the basic theory of legislative changes and revocation system with two chapters; Thirdly, combined with extraterritorial provisions related systems, we will place our legislation and revocation system in the whole legislative system to analyses the system in the main authority, content settings, the program works and practice effects problems; and the status of this system. Finally, we make different recommendations to perfect the legislation changes and revocation system:accurating legislative language to ensure that the provisions of the unity, clearing legislative changes and revoking the authority of the body, enriching the content of legislative changes and revocation system and establish uniform operational standards so as to ensure that legislation changes and revocation system running well through the respective institution building. While we should focus on cooperation between the various methods of supervision and then we will establish a complete legislative changes and revocation system to ensure that the legislative is scientific.
Keywords/Search Tags:Legislative supervision system, Legislative review, Legislative changes, Legislation to cancel, The legislative process
PDF Full Text Request
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