Research On Difficulties And Outlets Of Desuetude Of Law

The 4th Plenary Session of the 18 th Central Committee of the Communist Party of China proposed that the principles of fairness and openness should be implemented throughout the entire legislative process in improving the system and mechanism of legislation,adhering to the simultaneous enactment,revision,abolishment and interpretation of laws,and enhancing the timeliness,systematicness,pertinence and effectiveness of laws and regulations.However,in judicial reality,the simultaneous revision and abolition of laws and regulations are not fully carried out in the system of legislature mechanism,and the establishment of laws and the abolishment of laws are placed in completely unequal positions.From the subject of legislative activities or the procedure of legislative activities,the formulation of laws is strictly based on the repeal of laws.It is precisely the lack of specific and specific provisions that led to many problems during the abolition of the law.This paper is intended to analyze the root causes behind the chaos of the abolition from the analysis of the problems existing in the legal abrogation and put forward countermeasures.With regard to the problems above,this article discusses the connotation of the abolition,the status quo,some problems and outlets of the abolition in four chapters respectively:The first chapter defines the connotation of abolished law.Mastering the concept of abolition can lay the foundation for the scientific analysis of the representation andreasons.Therefore,this article analyzes the abrogation from both the concept and the scope of law abolishment.The concept “abolition” is often confused with “failure”and “withdrawal” of law.The possible misunderstanding of the scope of the repeal is due to the intersection of scope compared with the revision of law and the clearance of law.After clarifying its basic connotation,it needs to analyze its theoretical basis.The second chapter discusses the status quo of our country's law abolished,mainly elaborated from the existing form of the abolishment of law,the features of the abolished law and the representation of its problems.Existing forms of repeal by law include packaged repeal and fragmented repeal.Of course,the emphasis of this chapter is on analyzing the main chaos that exists in legal abrogation activities.After analyzing the abolishment activities since New China founding was founded,it manifests five kinds of chaos reflected in it,including the main chaos of law abolishment,the unclear procedure of abolition,the changeable ways of abolishment,the obscure effects of law after abolishment and problems that such chaos has caused in the judicial practice.The third chapter is the theoretical analysis of the root causes after describing the problems arising from the abolition.There are three reasons for the abolishment of the law.The first one is the subjective neglect of the abolishment of abolition,including the weakness of the concept of the rule of law and the imbalance of the abolishment system of our country.The second one is the root of objectivity,including the flaws inherent in the law itself and the quality of the law as a result of the chase of the law in our legislative activities.The third one is the ultimate root cause,that is,the conflict between politics and law.This is reflected in the traditional thinking of the people-based government in our country and the intervention of political activities in the legislation.The main reason is that the law is established for the sake of political change,while the law becomes the political tools.Of course,the lack of people's participation in legislative activities and the inaccurate reflection of the will of the people are also one of its ultimate causes.The fourth chapter is to explore the way to normalize the abolishment of laws.This chapter is mainly about how to resolve the problems existing in the abolition ofthe laws of our country from perspectives of the concepts,mechanisms and systems.First,from the concept,establishing the concept of the rule of law of the abolition is necessary.Without the notion of the idea and the awareness of the rule of law,a clear and specific provision can only be reduced to one form.Second,in the aspect of the system,it is important to establish an abolition mechanism.The abolition mechanism is to make technical provisions on the subjects and procedures of abolition,so as to change the unpredictable reality.Thirdly,we must establish a scientific system for the enactment,modification and repeal of laws,and strike a balance between them.Finally,it is to perfect the legal supervision system of our country from three angles:the legislature,the subordinate organ and the public.It should integrate self-supervision,record review with public supervision and supervise the abolition of our laws in many aspects.