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On The Risk Types And Prevention Of Expansion Of Local Legislative Power

Posted on:2019-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:M M LinFull Text:PDF
GTID:2416330566472619Subject:Marxist theory
Abstract/Summary:PDF Full Text Request
In March 15,2015,the third session of the Twelfth National People's Congress voted to adopt “the decision to amend the legislation law of the People's Republic of China”.The revised "legislative law" seventy-second articles endowed the city of all districts to establish the right of law,so that the city which has the legislative power in China has been expanded from 49 larger cities to 284 districts.The "legislative law" change is not only the adjustment of the legislative system,but also the adjustment of the important constitutional structure,such as the central and local relations,the local governance model,the administrative division and so on.It will certainly examine the strategy significance of giving the municipal legal power to the establishment of the district to promote the modernization of the national governance ability and the governance system in the period of China's reform and opening up.The theory of Marx's doctrine of law and the theory of socialist rule of law with Chinese characteristics is the theoretical guidance of the construction of the rule of law in China.The legislative ideas contained in it are the theoretical origin and practice foundation of deepening and perfecting our country's legislative system.At the same time,under the guidance of the thought of Marx's legislation,the legislative power of the city is conformed to the national conditions of China.It is the enrichment and innovation of the legislative system of our country.It has perfected the socialist system of socialist rule of law with Chinese characteristics,and also developed the Marx doctrine of law.The expansion of local legislative power is of great value for promoting local rule of law,bringing opportunities for local governance development,but there are also hidden risks and challenges.After expansion and the local legislative power,the urban and rural construction and management,environmental protection,historical and cultural protection of events open to formulate local regulations,in essence is thecentral legislative power in a larger extent and to place a broader scope,expansion of local autonomy rights,and to encourage local governance innovation,meet the demand of local autonomy of endogenous.In the process of making local laws and regulations in the use of legislative power,the city of a district needs to face the risks and challenges with a positive attitude,try to avoid the types of risk by means of scientific legislation,and exert local enthusiasm and initiative in order to achieve the goal of safeguarding the fundamental interests of the people and promoting the rule of law of the local government.After the expansion of local legislative power,there are four main types of risk,namely,the political risk of legislative policy,the risk of conflict of legislative basis,the risk of expansion of the legislative content and the low risk of the quality of legislation.The risk prevention of local legislative power expansion is not the aim itself,but to realize the positive role of local legislation in local economic development and social governance through risk prevention.In this paper,in the practice of the legislative power of the legislative content of the legislative content,the specific way of application and risk prevention measures in Zhenjiang after obtaining the local legislative power are explored.From the legislative practice of Zhenjiang,it is a feasible strategy to uphold and strengthen the leadership of the party in the local legislation,to comply with the legislative principles,to set up the Legislative Space Based on the local reality,to follow the laws of legislation to improve the legislative quality,and to prevent the risk of the expansion of the legislative power.From the legislative practice of Zhenjiang,it is a feasible strategy to uphold and strengthen the leadership of the party in the local legislation,to comply with the legislative principles,to set up the Legislative Space Based on the local reality,to follow the laws of legislation to improve the legislative quality,and to prevent the risk of the expansion of the legislative power.
Keywords/Search Tags:Marx's legislative thought, expansion of local legislative power, risk prevention
PDF Full Text Request
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