Research On Advocacy Norms Of Local Laws And Regulations

Although the research history of advocacy norms can be traced back to Professor Qi Duojun's "on the adjustment method of economic law" in 1991,in the past 30 years,the research on advocacy norms in academic circles is still not deep enough.At present,advocacy norms widely exist in the legal texts of our country,but the academic research on advocacy norms is not as active as that of advocacy norms in the legal texts,and the research results on advocacy norms are relatively scattered,which has not formed a systematic theory and rich content.In a word,the theoretical basis and legislative practice of advocacy norms have not been studied in depth,and their theoretical and practical significance is not prominent enough.On the one hand,local laws and regulations are an important part of Chinese legal texts,on the other hand,they are the most concentrated written legal texts of advocacy norms.Therefore,it is of great significance to study the advocacy norms of local laws and regulations,which is helpful to deepen the understanding of advocacy norms.Local laws and regulations can be divided into provincial local laws and regulations and municipal local laws and regulations due to the different legislative subjects.Considering that compared with the municipal legislature,the provincial legislature has more legislative resources,more legislative experience,stronger legislative capacity and greater legislative authority,so the provincial local laws and regulations have more advantages in terms of legality,standardization,universality,etc.,so this paper takes Sichuan people as its main body The advocacy norms in the local laws and regulations established by the Standing Committee are the research objects.This paper first studies the concept of advocacy norms,through the comparative distinction between advocacy,advocacy,encouragement and other words,to make clear the legitimacy of the appellation of advocacy norms,at the same time,it makes adistinction between advocacy norms,mandatory norms and arbitrary norms,and summarizes and sums up the research results of relevant scholars,so as to respond to the controversy of unclear definition of advocacy norms in academia Secondly,through the study of the characteristics and classification of advocacy norms,it is helpful to deepen the understanding of the connotation of advocacy norms;thirdly,through the study of the institutional function of advocacy norms of local laws and regulations,it is clear about the status quo of their economic and social functions;finally,based on the above research results,this paper analyzes the legitimacy of the existence of advocacy norms,and on the basis of the above research On the one hand,it reviews the legislative technology of advocacy norms,and puts forward corresponding countermeasures and suggestions,so as to provide some reference for future local legislative activities.