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Study On The Enforceability Of Legal Norms

Posted on:2019-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:J N GaoFull Text:PDF
GTID:2436330545470518Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
For legal implementation,academic circles haven't is more consistent with the definition,the implementation of the legal standard and includes the maneuverability of the law,so the maneuverability to explore the related content of implementation.The maneuverability of the law,the law on the operation or the possibility of feasibility,refers to the possibility of applicable law.Generally "legislative law" article 6 of the regulation in our country,the legal norm should be clear and specific,targeted and Implementation of the new provisions will be clear,specific,focused and confirm the implementation measures for the quality of legislation.Legal implementation is a technical problem,it is the smooth implementation of the law of one of the important factors.If there is a line method,the law applicable to the particular case,said the law is operational.There are many factors that can influence the legal implementation,mainly there is a legal norm,embodies the social consensus,whether the rights and obligations configuration to achieve the optimization,legislative language is clear,specific legal system is harmonious and unified.In different historical periods in China,due to different legislation technology and so on,also often leads to legal norms executable sex differences.Based on article sixty-four of the criminal law in the first "criminals all money and property illegally obtained by shall be or " how to apply the analysis of the problem,to discuss why the judges will give different views to the same question,and eventually led to legal unenforceable.And through legislative before the assessment,evaluation after legislation,and third party assessment of exploration,we can go to seek legal of the standard.For improve the legal norms of,Implementation,through the analysis and research,we can through the rational allocation of the law Resources to improve the efficiency of the legislation,reduce the legislative cost a lot of methods,mainly from the perspective of resource allocation of legislative activities here to talk about moderation legislation cost problem;Evaluation system after improving the legislative hearing system and legislation,giving everyone the possibility of participating in legislation,which makes people have the same way to enter into the constitution,the established political order;Normative legal documents systematically,improve the efficiency of law enforcement,handle affairs case act in accordance with the law to safeguard the lawful rights and interests of the parties to the greatest extent,and can provide better learning environment for young legal workers,let them grow faster;Starting from the internal cause,we need to promote diversity of legislative language standardization and promoting legislation,make the law more reflect the reality of the people's ideas,reduce legal norms at execution time may encounter resistance;Play a complementary of local legislation,improve the coordination between legal norms,to avoid the same issues but have different rules,lead to law enforcers disoriented;Establish a mechanism of coordination and communication between courts and increase its turnover and exchange experience,further expanding consensus,enhance legal,Implementation efforts to improve the quality of case is dealt with,the level and working efficiency of handling the case.
Keywords/Search Tags:Implementation, maneuverability, legislative language, legislative evaluation
PDF Full Text Request
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