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Research On The Allocation Of Central And Local Legislative Powers From The Perspective Of Scientific Legislation

Posted on:2020-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:L Y XieFull Text:PDF
GTID:2416330590985499Subject:Constitution and Administrative Law
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The perspective of scientific legislation refers to the system of value that measures the legislative form of the country and the scientific content of the legislation,reflecting the state’s legislative thinking to follow the rational thinking to create a law.Under the perspective of scientific legislation,the purpose of studying the legislative power allocation of the central region is to make scientific and reasonable decisions on the different attributions of legislative matters.The main focus should be on the allocation of substantive power content of legislation to make it more in line with the legal system,in order to achieve the scientific content of legislative content and legislative results.Any legislative activity is carried out around certain legislative matters.The final settlement of the power distribution of the legislative body is reflected in the affiliation of legislative matters.The reason why it is necessary to clearly delineate the specific legislative matters of the central region is mainly because of the existence of China.The central government’s exclusive legislative powers are unclear,the central government has a "one size fits all" approach to the legislative powers,and the local legislation is frequently involved in the central legislative issues.The allocation of scientific legislative matters helps to change this pattern.Under the scientific thinking of sex and unity,the matching of legislative matters and legislative levels is achieved.This is also the proper meaning of scientific legislation.Under the background of gradually exerting the modernization of local governance capacity and governance level,the local enthusiasm and initiative should be fully mobilized,the central and local power source orientation should be clarified,and local interests should be addressed to protect citizens’ rights and freedoms.This paper intends to explore and reference the standards,methods and internal components of legislative matters in various countries,combine the principles of legal system unification,principle and flexibility,and give full play to the principle of local enthusiasm,and set the central and local legislative authority allocation standards as "influence".The scope of "scope" and "degree of externality",and at the same time the use of the "thickness and fineness" of the legislative ideas from the central exclusive legislative authority,local exclusive legislative authority and the central government’s common legislative authority to carry out the rational allocation of legislative matters,in order to achieve the legislative content A reasonable balance between coarse and detailed regulations to maximize the benefits of legislation.
Keywords/Search Tags:scientific legislation, legislative authority allocation, local legislation
PDF Full Text Request
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