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The Justification And Realization Of The Principle Of Legislation By Law

Posted on:2020-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y BaoFull Text:PDF
GTID:2416330623953616Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Traditionally,the study of principle is actually discussed in the context of the application of law.The focus of analysis is on judicial practice,and judges are at the center of principle research.However,there is still a position in the principle that is reserved for the legislative principle.One aspect of the legislation is that only the passage of legislation can provide a legal basis for judicial trial.Therefore,it is necessary to turn the eyes from the judiciary to the legislator and the research object to the legislative activity itself.The report of the 19 th National Congress of the Communist Party of China proposed to promote scientific legislation,democratic legislation,and legislation according to law,to promote development with good laws and to ensure good governance.This has two meanings: on the one hand,it is stated in the party's report that the legislative work will become an important political activity of the country in the new historical period.These three legislative principles will assume the mission of completing a series of important legislative tasks;On the other hand,the "legal legislation" is formally juxtaposed with "scientific legislation" and "democratic legislation",which means that the legislative work in the future will be both substantive and formal,and the quality of legislation will be comprehensively improved.This article is divided into four chapters.The content of the first chapter is mainly to summarize the content of legallegislation and provide the premise and basic theory for the subject research of this paper.The content of the principle of legal legislation is based on Articles 3 and 4 of the Legislation Law,which is the starting point for its distinction from scientific legislation and democratic legislation.Legislation according to law is the basic principle of legislation.Its status is higher than the general legislative principle,and it plays the role of concept communication,legislative norms and process control.The content of the second chapter is mainly to prove the principle of legal legislation and prove its necessity and actual needs.The principle of legal legislation can find the theoretical basis from the legal hierarchy theory and the due process theory.Its implications include regulating legislative power,maintaining legal unity,and achieving good governance.At the same time,the principle of legal legislation is also in response to the current reform decision-making,reform and revocation work and the practical needs of the expansion of local legislative bodies.The content of the third chapter is about the practical problems of implementing the principle of legal legislation,including the theoretical,institutional and practical aspects.The theoretical problem lies in the understanding of the "law" and the formal legalization of the law,and whether the essence of legal legislation has been realized.The problems at the institutional level include the current discussion on the relationship between the party leadership legislation and the leading legislative relationship of the NPC,the division of authority between the power organs and the administrative organs,and the shortcomings of the mechanism supporting the expansion of local legislative power.Problems at the practical level include prominent legislation violations,serious problems of re-enactment and light reform,and lack of legislative talents.The content of the fourth chapter is about the way to realize the principle of legal legislation,including the protection of the three major aspects: pre-legislative,legislative and post-legislative.Before the legislation,it means improving the legislative system and mechanism,constructing the legislative system according to law,and dividing the legislative power;the legislation refers to the complete legislative working mechanism,improving the legislative project argumentationsystem,improving the public consultation system,and improving the post-legislative evaluation system;The legislative supervision mechanism,that is,the filing review and the constitutional review,play the role of these two mechanisms in supervising and inspecting all laws and regulations.
Keywords/Search Tags:the principle of legislating by law, legislative power, legislative procedure, legislative mechanism
PDF Full Text Request
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