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Research On The Supervision Mechanism Of City Legislative Districts Of Our Country In China

Posted on:2020-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:N KeFull Text:PDF
GTID:2416330578982511Subject:Legal theory
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In March 2015,the legislative law ushered in its first revision in 15 years.The city of the district has won the third legislature of the 12 th National People's Congress and has become an important legislative body in China's legislative system.Local legislation in China has thus opened a new era,and the city of the district has a high enthusiasm for local legislative work.With the local legislative work of the districts in full swing,the limitations of the local legislative supervision system of the districts are magnified.As a kind of power,legislative power has the same power characteristics as administrative power and judicial power.Under the background of large-scale expansion of local legislative power and room for improvement of local legislative capacity,the possibility of abuse of legislative power is extremely high."Maintaining the unification of the legal system and ensuring the correct implementation of the law is an inevitable requirement of the modern legal system." As a key part of ensuring the sound operation of the city's legislative power system,the maturity of the supervision mechanism has become the decision whether the city can establish a district.Exercise its legislative power legally and reasonably.The establishment of a complete and orderly supervision system can best avoid the problems that arise in the process of legislative activities in the districts,such as different legislative approval standards,conflicts with the upper law,and too soft correction mechanisms.A complete supervision system can escort the local legislative power of the district.The current legislative supervision system of the districts in China is mainly composed of the legislative review and approval system and the filing review system,which covers the aspects of approval,filing,review,change and cancellation.Approval is a pre-examination review and supervision process,and the rest belong to the ex post review supervision process.The case of "Pan Hongbin" triggered the author's thinking on the city's legislative supervision system in the district.The first chapter expounds the proposal,the purpose,significance of the research,and the research status and development trend at home and abroad.In the second chapter,the author focuses on the content of the city's legislative power and the composition of the supervision system,and on the basis of this,discusses the particularity of the city's legislative supervision.In the third chapter,the author studies the status quo of the two systems of the city's legislative approval review and filing review and supervision in practice.The fourth chapter refines the focus of the city's legislative supervision system in the district through the status quo studied in the previous article,and carries out targeted reflection.At present,the local laws and regulations of the districts in China must be approved by the Standing Committee of the Provincial People's Congress before they can be implemented.In the practice of the approval system,there are problems such as different methods for reviewing the standards for filing regulations and conflicting with the superior law;The municipal legislative documents of the district shall be reported at various levels after the examination and approval,and the examination shall be initiated in an active or passive manner to achieve the purpose of supervision.In the filing review system,the author focuses on discussing the focus issues highlighted in the review practice,such as the difficulty of grasping the review criteria and the lack of enforcement mechanism.In the last chapter,the author puts forward corresponding solutions to the focus issues mentioned above,and puts forward corresponding suggestions for improvement in the two dimensions of pre-examination and approval supervision and post-recording review and supervision.
Keywords/Search Tags:subdistricted city, legislation law, legislative supervision, public participation
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