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The Legalization Research Of The Deliberation And Coordination Agencies Of The State Council

Posted on:2017-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:J SunFull Text:PDF
GTID:2296330488952475Subject:Administrative Law
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The perfection of the state council deliberation and coordination agencies of the legislation is the inevitable choice of the administrative system reform and the construction of the rule of law government. n practice,the state council deliberation and coordination agencies coordinate and handle administrative affairs across departments.However,the deliberation and coordination agencies also have some negative effects,result into a series of problems in operation.For a long time,the state council try to use the administrative control to solve these problems.so in some reforms of the agencies,annul the deliberation and coordination agencies in the form of the notice,while the result is not satisfactory.In order to solve the practical problem of the state council deliberation and coordination agencies and to make it more effective than before,it is essential to use the way of the legalization to perfect the related system of this aspect.Firstly,we should analysis the current situation and deficiencies of the legislation.on the basis of these,determine the legislation principle and related system,make reasonable choice of the mode of legislation.The way of legalization should focus on three areas to improve the deliberation and coordination agency,Firstly,perfect establishment, cancellation, modification mechanism; Secondly,make clear of the organization and the work system;Thirdly,connect the internal and external supervision mechanism.Putting the relative system of the state council deliberation and coordination agencies into the legalization by making the reasonable legal arrangement.The detailed content of each chapter of this paper is as follows:In the first chapter,discusses the current situation and inadequate of the legal regulation.There are two sections,the first section discusses the current situation of legislative of the deliberation and coordination agencies of the state council.carding and analyzing some related article in the low standard normative documents.The second section is under the background of the current problems in the operation of the agencies,focus on the drawback of the legal regulation of the current situation,make clear of the problems that should be attach great importance in the process of the legalization.The second chapter is mainly introduce the guiding principles and the analyzing aspects of the legalization of the agencies. The guiding principle of the legal regulation by the deliberation and coordination agencies of the state legal principle mainly includes the functions and powers, due process principle, the principle of organizational efficiency.the analyzing aspects of the legalization mainly focus on the five aspects:consist with institutional reform route, In conformity with the contemporary trend of legislation,coordinated with other specification file,adapted to the current legislative level, and separate from similar coordination mechanism.On the choice of legislative mode, we should enact the unified act of administrative coordination department of the state council on the basis of the legislation and comprehensive consideration of various factors on the administrative coordination issues.Besides,we should make the rules for the core problem in the legislation.At the same time, the state council can make laws in The run by the deliberation and coordination agencies of the state regulations on the basis of the the act of departments under the state council administrative coordination,set forth the details of this act,to ensure that the implement of the relevant legal regulations.The third chapter is about the legal arrangements of establishment, cancellation, modification mechanism of deliberation and coordination agencies of the state council in the process of the legalization.In the aspects of the entrance,legislation shall stipulate the decision process of the meeting of the state council,and the responsibilities in institutions set up by the general office of the state council.in the aspects of the exit,regulations should be made on the cancellation procedure rules and review the cancellation procedure, to ensure that worthless deliberation and coordination agencies exit in time. For change mechanism,should distinguish between general changes and significant changes, paying particular attention on the problems of significant changes in the legislation.The chapter fourth introduce the legal arrangement of the functions of institutions and the legislative perfection of the working system.On the basis of the legal principle of authority,we should make a comprehensive arrangement on the function of the deliberation and coordination agencies,and make clear of them through the legislative process.To make sure the operation of it. perfection should be made on it’s basic working system.Chapter five introduce the legal arrangement of the legislative perfection of the internal and external supervision mechanism.The key point is to get through the internal and external supervision mechanism.Legislation should make effect connection of these two supervision mechanism according to the characteristics of the deliberation and coordination agencies——it have no administrative organ establishment and no administrative subject qualification.Among them, the internal mainly reflected in the financial management supervision and external supervision including the National People’s Congress, justice, public supervision.Above all, the legalization of the Deliberation and coordination agencies requires the joint efforts of the administrative organic law and the administrative procedural law.and finally realize the value of the system of the deliberation and coordination agencies of the state council.
Keywords/Search Tags:Deliberation and Coordination, Legalization, Legal arrangement, Supervision mechanism
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