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Research On Fine Legislation

Posted on:2021-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:D JiangFull Text:PDF
GTID:2416330620970216Subject:Legal theory
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The 19 th National Congress of the Communist Party of China(CPC)has put forward new and higher requirements for the legislative work in the new era of "promoting development with good laws and realizing good governance",from governing the country by law to good governance is the basic path of the development of the rule of law in China.The development of the rule of law in our country has experienced the guiding line of "having is better than no having","better thick than fine" and "better quick than slow" in the early stage of reform and opening to the outside world,and has gradually formed the fine legislation idea.From the "big and all" of the legislative thinking gradually changed to "less and fine",the pursuit is no longer the number of more but to improve the quality.Fine legislation conforms to the construction process of China’s legal system,conforms to the development pace of the rule of law society,and at the same time solves the problems left over from the current stage caused by extensive legislation in China’s history,good law for the realization of good governance has a positive role in promoting.The key of fine legislation lies in simplification and refinement,which is the all-round promotion from the legislative content to the legislative form.This paper is divided into five parts to discuss the fine legislative system.The first part is the introduction,which mainly describes the research background,research significance,research status,research methods and possible innovations of fine legislation.The second part is the discussion of the basic theory of fine legislation.Through the definition of the concept of legislation and fine legislation,the explanation of the content of fine legislation and the explanation of the process of fine legislation,we can better understand the nature,characteristics and functions of fine legislation.The third part analyzes the necessity of fine legislation.Through analysis,the fine legislation is an important way to enhance the authority and effectiveness of the NPC’s work,it is necessary to adhere to the principle of legislation,and it is an inevitable choice to improve the quality and efficiency of legislation,it is necessary to realize the socialist rule of law system with Chinese characteristics.These four aspects show that fine legislation is the only way to the development of the rule of law.The fourth part is trying to elaborate the path to achieve fine legislation.Through controlling the scale of legislation,simplifying the style of legislation,perfecting the procedure of legislation,standardizing the content of legislation,and improving the technology of legislation,this paper expounds the path of fine legislation.To control the scale of legislation includes following the law of legislation and controlling the quantity and quality of legislation;to simplify the style of legislation includes getting rid of formalism and promoting the simple style;to improve the legislative procedure includes refinement of legislative preparation procedure,legislative proposal procedure,legislative deliberation procedure and legislative voting procedure;to standardize the content of legislation includes clarifying the legislative position and balancing the interests of all parties The improvement of legislative technology includes the simplification of legislative structure,the objectivity and the accuracy of legislative language.I hope that through the analysis of the above path,we can provide some ideas for the realization of China’s fine legislative theoretical system.The last part is the conclusion,which summarizes the research of fine legislation.
Keywords/Search Tags:Refined legislation, Rule of law principles, Legislative quality, Legislative procedures, Legislative techniques
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