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The Research On The Local Government's Legislative Norms In The Perspective Of Risk Society

Posted on:2018-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
GTID:2346330536485772Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The present our country has entered a risk society.How to effectively deal with the risk society is the rule of law construction must solve the realistic and urgent task.This article from the standard response to risk and efficiency to deal with social reality needs two angles,according to local government legislation dealing with the risk society is the best way to both standard response and efficiency.The "legislative law" the eighty-second in 2015 to the legislative power of local governments in China new rules to form the strong echo.City divided into districts,and autonomous prefecture people's government or government regulations legislation in some respects,it is can cope with the increasingly complex social environment risk.But how local governments under the background of risk society standard exercise the local legislative power,the theoretical circle has no further discussion.Insufficient preparation of theory and practice of the urgent need of the contradiction between,is likely to lead to the touch in the exercise of the legislative power of local government and reckless,even violate the rule of law basic requirement of local legislation may occur.This article obtains from the theory of risk society,to the legislative power of local government activity as a response to risk society,to realize the legislative law to establish the meaning of the legislative power of local government,encourage local government legislation relevant to risk social reality needs more effectively.The first part of this article from the risk of social norm of the legislative power of local government.Characteristics of risk society of rule of law mainly includes the centralization of power and rights protection.Comparative analysis of the legislative,administrative and judicial three paths under the rule of law,combining characteristics of risk society of rule of law,local government legislation is the best path for dealing with the risk society.In order to realize the scientific and effective way of dealing with risk society,the local government authority must master the particularity under the risk society and scientific.The second part is the empirical analysis in this paper.First demonstrates the legislative norms of basic problems of local government in our country,mainly including legislative concept and legislative process.With specific social risk cases of "net about car regulations issued" as an example,analyzes the local government in response to specific legislation the social risk of the reaction.Through the analysis of specific case,deconstructs the exercise the legislative power of local governments in China real problem.In this paper,the third part to build effective risk response mechanism of local government legislative norms of society.Update the notion of the legislative power of local government,to set up scientific prevention,response and risk legislative conception of justice.Build system of risk communication,mainly including security legislation system of risk communication to participate in the main body of local government,to perfect the legislation of government risk communication channel.Build system of risk assessment,risk assessment the main point,content and methods of practical risk assessment system.
Keywords/Search Tags:Risk Society, The Local Government's Legislative, Legislative Concept, Legislative process, Risk communication, Risk Assessment
PDF Full Text Request
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