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An Empirical Study Of “Other Provisions” In Local Regulations

Posted on:2020-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2416330578973090Subject:legal
Abstract/Summary:PDF Full Text Request
As a kind of exclusionary clause,the "other regulations" have the function of supplementing the law and the function of legal links.It can overcome the non-existence of statutory law to realize the openness of the law and the completeness of the legal system.Therefore,"other regulations" have become the symbolic language and habitual expression of our legislation.However,the highly promising “additional regulations” do not specify specific directions.This is a clause that needs to be clarified by other legal provisions.Therefore,through an in-depth analysis of the "other regulations" in the local regulations,this article further analyzes the problems and reasons of the "other regulations" in the local regulations,and puts forward suggestions for improving the local regulations.The first part analyzes the "other provisions" in local regulations.The "other provisions" in local regulations are divided into four types: "other provisions of laws and administrative regulations","other provisions of laws and regulations","other provisions of laws,regulations,and regulations",and "other provisions of the state".Inductive analysis.The second part summarizes the problems existing in the "other regulations" in the local regulations and analyzes the reasons for their emergence.The problems of "other regulations" in local regulations are mainly the lack of standardization in form,the lack of operability in content,and the lack of clarity in applicable rules.The reasons for these problems are many,mainly due to the imperfect local legislative technical norms,the formalization of the review system for the preparation of local laws and regulations,the lack of guidance of local legislative theory and the lack of self-construction of local legislative bodies.The third part puts forward the concept of perfecting "other provisions" in local regulations.We will reconstruct the criteria for judging the effectiveness of "other provisions" in local regulations,establish theapplicable rules for "other provisions" in local regulations,strengthen the technical standards for local legislation,and improve the local review system for case preparation.
Keywords/Search Tags:local regulations, other regulations, legislative technology
PDF Full Text Request
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