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Use Scientific Methods To Study Legislative Science

Posted on:2016-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:X J MaFull Text:PDF
GTID:2296330503451032Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Communique of the 4th Plenary Session of the 18 th Central Committee of CPC proposed to further advance the legislative science. But in reality, whether Law belongs to Science or not, is in dispute. From Marx--- as the master of Socialist law, to Four Standard of Bernstein, and the method of Axiomatic, both of them tell us that Law belong to Science indeed, and it can be quantified just like a Natural Science.In theory, some researchers had already put forward eight standards, to test whether a certain law is scientific. In this report, I chose the 5th standard---Procedural Democracy lead to Legislative Science--- to be my Research Direction. And for the reason to find a reference material for my study, I picked the Introduction Process of China(Shanghai) Pilot Free Trade Zone Ordinance as my angle.At first, I used the method of Data Analysis. I analyzed six areas, included the National People’s Congress, the Citizen, the Experts and Scholars, the Government, the Enterprise and the Outside Experience, to find out the connotation of Procedural Democracy.The second, I demonstrate the legislative science of China(Shanghai) Pilot Free Trade Zone Ordinance from five different dimensions--- the Official Opinion, the Public Opinion, the Legal Opinion, the Economic Effect and the Possibility to be a Model Law.Last but not least, I combined the research result of Procedural Democracy and Legislative Science, to find the relevance or causality between them. Luckily, I found something important, and arranged them into a system of Law Formula through the method of Axiomatic. On this basis, I completed my study in the form of a Legislative Science Scale(LSS), just like a Psychological scale.I hope the other academics can join into the Optimization work of LSS, to make it more comprehensive and accurate. Maybe it will be an operable method to improve the legislative work in our country.
Keywords/Search Tags:Legislative Science, Procedural Democracy, Legislative Science Scale
PDF Full Text Request
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