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Research On The Implementation Effect Of The Law

Posted on:2019-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q GuoFull Text:PDF
GTID:2416330563456620Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The implementation of the law refers to the activities that the law enforcement and judicial officials apply written laws into real life and apply laws to solve cases in real life.The implementation of law is an activity of applying static law to dynamic life.In this process,the law written on paper turns into “law in action”,an activity converting the law from static status to dynamic status.Since the system has already designed the plan for prevention and resolution of wages in arrears,why did such a large number of problems about wages in arrears occur? Is it because the legislation is too principled,or some unexpected factors appear In the process of implementing the law,and thus affect the implementation effectiveness of the law,hinder the implementation of relevant laws,regulations and policies?Basing on the current regulations,in order to solve the problems of wage in arrears,a series of measures have been stipulated in the laws,the administrative regulations,the statutes and finally the regulatory documents promulgated by the competent authorities,which have already constituted a responsibility system consisting of criminal liability,administrative liability,and civil liability.Therefore,we should then focus on the implementation of the law.Through the analysis of the process of handling the case by the K-flag inspection team,it can be seen that the realization of procedural justice is at the expense of individual interests;the processing of the entire case reflects the heterization in administrative power of the administrative institutions;the deviation of administrative institutions from the goal,the weakness of law enforcement forces,and the active maintenance of labor rights by the laborers.All these phenomena ultimately affect the implementation of the law,which is a kind of discounted implementation of the law,or even a form of legal failure judging from the implementation effect.The policy factors,legal factors,the authority of law enforcement officials,the preferences of both parties in the labor dispute,as well as the legal awareness and other factors remain the main factors which affect the implementation effect of the Regulations of Labor Insurance and Supervision.
Keywords/Search Tags:the implementation of the law, the implementation effect of the law, the law in action, the failure of the law
PDF Full Text Request
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