Legislative Application Of The Principle Of Subsidiarity

At present,China is promoting the modernization of governance system and governance capacity.Rule of law,autonomy,and rule by virtue are important ways to realize them.The purpose of the principle of subsidiarity lies in realizing autonomy.which match the governance goal of our country well.The principle is used in the legislation to examine the legitimacy of the legislation.From the core connotation of social autonomy and arousing the initiative,there are two main legislative issues correspondingly.The paper analyzes necessity of legislation and the issues and causes of repetition of different legal ranks,and explores the possibility and path of introducing the principle.The academic achievements of this topic are relatively few,which also reflects the broad prospects of the field.Apart from the introduction and conclusion,the main body of this paper is divided into three parts,the main contents are as follows:The first chapter explores the theoretical origins of the principle of subsidiarity.from refining the theoretical prototype of the principle,clarifying its connotation,and exploring its value to set base for examining the legislative issues later.The second chapter is guided by the needs of China's legislation then makes clear the relevant experience and deficiencies during the application of the principle in Germany and the European Union by comparative analysis and points out some defects that are difficult to avoid when introducing this principle.The third chapter aims to identify the legislative scope by the principle of subsidiarity,and proposes criteria for determining the scope of legislation and the design of the prior review process.