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Research On The Legislative Openness Of The Standing Committee Of The National People's Congress

Posted on:2018-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhangFull Text:PDF
GTID:2356330515482065Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Openness to the Legislation,as an inevitable requirement of democratic legislation,is an important topic in the field of legislation,and a topic that has been discussed much.The 2015 Legislation Act was amended to add and modify a number of elements in Openness to the Legislation.Under this background,it is of great significance to carry out research and analysis of Openness to the Legislation.With the gradual strengthening of the legislative function of the Standing Committee of the National People's Congress,it is an inevitable trend to explore its legislative openness.Therefore,this article will analyze and discuss from the legal provisions and status quo,the existing problems,and the recommendations of Openness to the Legislation of the Standing Committee of the National People's Congress.Meanwhile,introducing and learning from foreign experience in the field of Openness to the Legislation in order to improve the Openness to the Legislation of the Standing Committee of the National People's Congress.This article consists of five parts,and the specific content is summarized below:The first part is the topic's background,significance and present situation of the research at home and abroad.From the background of the topic,on the one hand,the implementation of the Openness to the Legislation of Standing Committee of the National People's Congress is an important part of the implementation of Openness to the Legislation;On the other hand,there is a need for further improvment in the theoretical research and practice of Openness to the Legislation of the Standing Committee of National People's Congress,therefore,it is necessary to conduct a study on Openness to the Legislation of the Standing Committee of National People's Congress.In the significance of the topic,to strengthen the research of Openness to the Legislation of the Standing Committee of National People's Congress,has a theoretical and practical dual significance.In the domestic and international research status,it introduces briefly a representative part of the views and practices at home and abroad in Openness to the Legislation.The second part is combing the reality of Openness to the Legislation of the Standing Committee of National People's Congress.First of all,it sorts out the current situation from the legal requirements.At present,the legal provision concerning the Openness to the Legislation of the Standing Committee of National People's Congress is mainly the Legislation Act,and there are not other legal norms.Secondly,it sorts out the current situation from the legislative practice level,including the methods and the scope.At the same time,they are demonstrated through the method of empirical analysis.The third part is about the problem of Openness to the Legislation of the Standing Committee of National People's Congress.Specifically,it discusses mainly from the following aspects:the legal basis,the scope of the openness,the ways of openness,and the feedback of openness.On the basis of the law,only The Legislation Act has some norms about Openness to the Legislation of the Standing Committee of National People's Congress,meanwhile,there is a lack of relevant provisions,and there is not supporting legal norms,which indicates that it do not attract enough attentions in the legislative level.In the scope of Openness,it is narrow in the range and it is not enough in the depth of the contents.In the ways of openness,it mainly reflects Unidirection and unitary,which can not achieve a good effect.In the feedback,we often only concern with the collection of information,ignoring the feedback,therefore,there is not a appropriate communication mechanism.The fourth part is the elaboration and enlightenment of the foreign system of Openness to the Legislation.This part includes legal basis,the scope of openness,the way of openness,and feedback of openness,which is in accordance with the four aspects of the problem of Openness to the Legislation of the Standing Committee of National People's Congress.It aims to improve the Openness to the Legislation of the Standing Committee of National People's Congress.For example,it involves the specific practice of the United States,Britain,France,Germany,Japan and so on.The fifth part is some suggestions to improve the Openness to the Legislation of the Standing Committee of National People's Congress.First of all,it discusses the reasons to improve the Openness to the Legislation of the Standing Committee of National People's Congress.Secondly,based on the reality,and drawn lessons from the useful experience of foreign legislation openly,it makes some suggestions for perfecting this system.In the process of perfecting this system,we must grasp three basic problems:local reality,institutionalized roles,diversification.In the specific proposals,the foundation is to cultivate the concept of legislative openness,then there are suggests of four aspects:perfecting legislation,expanding the scope of openness,enriching the ways,establishing the feedback mechanism,which are corresponding to aspects of problems of Openness to the Legislation of the Standing Committee of National People's Congress.
Keywords/Search Tags:the Standing Committee of National People's Congress, Openness to the Legislation, Problem Analysis, Suggestions for Improvement
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