Research On Legal Liability Of Local Regulations

Legal liability refers to the negative legal consequences caused by the legally enforced and state-enforced force guarantees caused by the infringement of statutory rights or illegal legal obligations.Legal liability is an indispensable part of legal norms,and it is the guarantee for the effective implementation of legal norms and the orderly operation of the rule of law.As a local legislative work of the provincial legislative department,I feel the necessary and important role of legal responsibility in local regulations.Local laws and regulations mainly have two functions.First,in combination with local conditions,specific provisions on the content of the national constitution,laws and administrative regulations are made to ensure the implementation and effective implementation of the superior law;second,local reform and development In the legislative requirements and administrative management needs,under the premise of not contradicting national laws and regulations,formulate local laws and regulations with their own characteristics,independently adjust social relations,and solve problems encountered in local reform and development.No matter which aspect of local legislation,it needs to be implemented and implemented.Otherwise,it is a piece of paper.The legal responsibility is backed up by the state's coercive power,and the violations of legal rights or violations of legal obligations by the actors are pursued,the implementation of local laws and regulations is guaranteed,and the authority of the laws and the dignity of the rule of law are safeguarded.At present,there is not much research on the legal liability of local legislation in China's legal circles.It often puts the perspective and energy on the legislative power,the legislative procedure,the legislative characteristics,the setting of the rights and obligations in the legislation,etc.There are not many research on responsibility.This article takes legal responsibility as the starting point,and clearly defines,summarizes,and clarifies the role.First,it deals with the attributes and setting principles of legal liability in local legislation,the principles and modes of setting legal liability clauses,the subject of legal liability,and existing problems.It elaborates on the five principles of local legislation to establish legal responsibility,namely: the principle of legality,the principle of rationality,the principle of restraint,the principle of proportionality,the principle of harmonization,and the legal responsibility in local legislation is mainly administrative responsibility..Subsequently,two different forms of administrative responsibility in local legislation—administrative punishment and administrative sanctions—are discussed.Administrative punishment is the focus of this paper,and it is also the most applicable legal responsibility in local legislation.Administrative punishment refers to the specific legal sanctions imposed by the administrative body on the administrative legal person who violates the administrative law and regulations and should bear the administrative legal responsibility and does not constitute a criminal offence.This paper elaborates on the concept,types,specific forms of administrative punishment and the types,necessity and value orientation of administrative punishment in local legislative powers.It focuses on the eight principles of administrative punishment in local legislation,namely,the statutory principle and exclusion.And the principle of preventing harm,not replacing the principle of civil sanctions,the principle of linking with criminal sanctions,the principle of local characteristics,the principle of enforceability,the principle of balance and the principle of proper procedure,and implementing administrative penalties for implementing local laws and regulations,and creating local laws and regulations.The specific problems in the analysis are analyzed.The discussion of administrative punishment mainly includes the concept content of administrative punishment,the difference between it and administrative punishment,and the problems that should be paid attention to when setting administrative sanctions.Finally,this paper pays attention to the issue of credit punishment.With the establishment and improvement of China's social credit system,credit punishment as a new punishment method for administrative punishment has been used in the legal responsibility of local legislation.This paper introduces the national public credit information management.The concept of system construction,and the four principles that should be adhered to by credit punishment,namely,the statutory principle,the principle of responsibility,the principle of limited association and the principle of timely relief,and pointed out the problems that should be paid attention to by credit punishment,summed up the public credit information system and The credit disciplinary system should be constructed and carried out in a step-by-step manner.