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Institutional And Practical Research On The Cleanup Of Local Legislation

Posted on:2020-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2416330590980613Subject:Law
Abstract/Summary:PDF Full Text Request
The cleanup of local legislative refers to the activities of local state organs to clean up the local legislation within their duties,to solve the the local legislative's problem with continue to obey,revise,abolish,lose efficacy.The cleanup of local legislative has some characteristics,the specificity of the cleanup subject,the specificity of the cleanup object,the legality of the cleanup standard,the rigor of the cleanup procedure and the diversity of the cleanup reasons.With the rapid development of the social economy,the existing laws cannot adapt the actual needs.A large number of laws are formulated,revised,abolished,because there is no perfect legislative activity to coordinate and deal with the relationship of the existing local legislation,it is easy to lead to the conflict and uncoordinated of the upper and lower law.At this time,the development of local legislation has become a crucial part.The cleanup of local legislation is an objective need to implement the comprehensive deepening of reforms and comprehensively promote the strategic deployment of the rule of law.Although the relevant laws and regulations have made some provisions on the cleanup of the law,some of these provisions are too cumbersome,which is not conducive to the actual operation of the cleanup subject;some are too simple,it causes the cleanup subject cannot follow the specific standards and detailed procedures to carry out cleanup work.At present,there are few domestic discussions on the cleanup of local legislation.Some books on constitutional and legislative studies refer to legislative cleanup.Therefore,the study of the legalization of local legislation has a very important guiding significance in academic and practical aspects.Clarify the basic conditions of existing legislation,determine which local legislation can continue to apply and which need to be revised or abolished.Then,through the determination of the current local legislation,the local legislation which exit conflicts with the real society is abolished,thereby reducing the conflict and inconsistency between the local legislation and the superior law and between the local legislation to ensure the legal system,and unity of the law promotes harmony between law and society.Through the research methods of literature review and comparative analysis,the paper mainly focuses on the institutional regulations of local legislative cleanup,and analyzes the status quo and findsthe shortcomings.Through the analysis of the status quo of local legislative cleanup practice in Shanghai,Guangdong,Guangzhou,Shenzhen and other places,I found that there are some problems,failure to cleanup in time,lack of clear cleanup standards,heavy cleaning tasks,unsatifctory effect,lack of public participation,etc.,and then identify the causes of these problems and make relevant recommendations.
Keywords/Search Tags:The Cleanup of Local Legislative, Regular Cleanup, Immediate Cleanup
PDF Full Text Request
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