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The Creativity Of Local Legislation

Posted on:2021-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:J N ZhaoFull Text:PDF
GTID:2416330611465720Subject:Law
Abstract/Summary:PDF Full Text Request
Between central and local legislation,there is a communication channel that is dominated by creativity.Local legislation can improve the national legal system and local governance system by actively playing the concept of creativity.The level of local legislative initiative actually reflects the scope of local legislative power and the degree of autonomy.The division of central and local legislative authority directly relates to the scope of local legislative initiative.Therefore,exploring the creative boundaries of local legislation can provide a new way of thinking and perspectives on how to divide the scope of central legislative power and local legislative power.At present,there are still some old bad habits and inadequacies in the local legislation of our country that hinder the exertion of local legislative autonomy,such as blindly expanding legislative power,repeating legislation and copying legislation.These problems are becoming more and more prominent as the reform and opening up deepen,hindering the deepening of local reform.Process.In recent years,the creative function of local legislation has played an increasingly important role in localities.Innovative local legislation can check and fill gaps in the central legislation,and can base on the advanced local experience in economically developed regions.In order to become a test field for central legislation,it will be creative.The legislative concept of the law is integrated into the local legislative work to promote the modernization of local governance.The originality of local legislation refers to the local legislatures with local legislative power based on local reform experience,social background,historical culture and other local affairs with local branding.For important matters involving local economy,culture and life,In accordance with the spirit of the Constitution and laws,local society is governed by local laws and regulations.Since the 2015 Legislation Law expanded the main body of local legislation to district-based cities,a large number of local laws and regulations have emerged,but there are many laws and regulations that do not meet the requirements of the higher-level laws.The existence of these flawed local laws and regulations affects local Legislation exerts its own functions and functions and hinders the process of legalization.Through research on some existing local laws and regulations,it is recognized that the unclear local legislative authority is one of the important reasons for the problem.Therefore,when the author proposes that places play an innovative role in the process of legislation,they should proceed from theory,adhere to the unity of the legal system,and use the principle of subsidiarity to understand the position of local legislation in the entire legislative system.It is based on local affairs when discussing the role of local legislation in making innovations,and strives to make innovation legislations more precise than at the same time.At the same time,the system design of innovation legislations is made to define the boundaries of creation.Local legislative activities give full play to creative functions,fully tap local potential,and accelerate the process of deepening local reforms.At the same time,the research on the originality of the local legislation also provides some ideas for perfecting our country's legislative theory.
Keywords/Search Tags:local legislation, creative legislation, implementing legislation, local affairs
PDF Full Text Request
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