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A Study On The Problems Of Local Legislative Power In The City Divided Into Districts

Posted on:2018-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:X P JiFull Text:PDF
GTID:2336330515473746Subject:Constitution and Administrative Law
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Local legislation means enjoy legal authority of the local legislative basis for the statutory procedures,in accordance with the constitution and law,the local area of economy,culture,social life and activities and the specific situation to carry on the regulation of a series of legislative activities.Including the establishment of normative legal documents,modify,and scrapped.Local legislation is an important part of national legislation system,the role of local legislation has become more and more attention,influence of local legislation is the inevitable requirement to promote the development of the rule of law construction in China.In 2015,the 12 th session of the third National People's Congress meeting,Scrutinised and subsequently passed on modifying the legislation law of the People's Republic of China's decision,it's "legislative law" implement the overhaul for the first time in 15 years,the modification increased the city divided into districts of legislative power.Abuts the local legislative power,which is a major breakthrough in the history of China's legislative power,better adapted to the current our country social economy development,meet the differences of the development of different regions and at the same time,it has caused the social from all walks of life to the concerns of the local legislative power "out of control".The transformation of our country's economy more in need of a healthy,perfect legal environment,and therefore under this background,the comb systematically the problems presented by local legislation,and tries to through the analysis of the reason to find the solution of the relevant measures,for the healthy development of the local legislation in our country as well as the construction of "governing the country according to law" has positive significance.This article adopts the method of sum up and compare analysis,the full text is divided into three parts,first introduced the local legislative power in meaning,and then analyzes the local legislation in the existing problems and reasons,finally puts forward the countermeasures of perfecting the local legislation in.The purpose of this through to our country local legislation in the analysis of the status quo,found the problem,through to the understanding of the reason for hope to find operational solution.Results from the revision of the legislative law and the social effect after implementation,the public to admit districts of the city,local legislative power has made great progress,also more expressed so much of the city divided into districts with the concerns of the local legislative power.Public concerns caused the reason mainly lies in: the local legislative power in scope is not clear,legislative and administrative organs of the legislative power configuration is easy to confuse,lack of legislation and legislative experience and practice in the National People's Congress and the standing committee of National People's Congress accountability between chaos and so on.So this article hope from the legislative concept,the development of local legislative power in China,and the current city divided into districts where the status quo of legislation,by discussing countermeasures of perfecting our country's local legislation and supervision way and so on,so as to better realize the healthy development of the city divided into districts in local legislation,to contribute to the development of local legislative power.Through to our country local legislation in the research and analysis,we draw the following conclusions.The current main problems of local legislation in are: unauthorized legislation exists in local legislation,administrative intervention of local legislation,disguised as local protectionism "umbrella",to improve quality of local legislation,local legislation public participation is not high and so on.To solve above problems,we analyzed the following reasons: the indefinite scope of legislative power,National People's Congress legislative and administrative legislative power scope definition is not clear,the lack of legislation and legislative experience,the National People's Congress and the standing committee of National People's Congress accountability boundaries between fuzzy and so on.In-depth analysis of the reason is that in order to put forward the countermeasures of perfecting the local legislation in.To this end,this paper puts forward the following countermeasures to deal with existing problems of local legislation in: the scope of the specification in accordance with the local legislative power and effectiveness,strengthen the ability construction,strengthening the people's congress legislation to participate,to promote the legislative process of fine,perfect the supervision of the local legislation in ways,the lack of effective supervision and local legislative way,etc.Districts of the city to promote the quality of local legislation,profound,relates to the long-term development of the local social economy,relates to the success or failure of reform in Chinese economic transformation,but also measure the progress of legal system in our country,the importance of constructing socialism country under the rule of law.At present,although the city divided into districts on local legislation,but really meet the requirements of the legislative law,local regulations that could satisfy the requirement of the socialist legal system is limited,it highlights the present status of local legislation are of variable quality,worth the general scholars and legal awareness of thinking and value.This paper hope through to this problem,can be divided into districts of our country's city to promote the quality of local legislation.
Keywords/Search Tags:City divided into districts, The legislative authority, The legislative way, Legislative oversight
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