Research On The Issue Of The State President's Right To Promulgate Laws

The promulgation of law is the last procedure of legislation.It has independent value and status in the legislative process.With the establishment of modern democratic system,the promulgation of law also has a whole new meaning.China's national President's legal system of promulgation is an essential link in the legislative process,and it is related to whether the law of our country can be delivered to the public in a timely manner.This paper is a special study on the system of legal publicity of the President of the state.In practice,the system of legal publicity of the President of the state is an important legal system,which is a bridge linking legal creation and law enforcement,which is related to the validity of law.This article mainly from the before and after the founding of our country published by the state,chairman of the legal rights of historical evolution,the chairman announced legal rights exist deficiencies,outside experience,and how to perfect and build the published by the state.Chairman of the legal right system in our country,to ensure the further perfect of legislation,to ensure the quality of law,and security law more scientific.First of all,using the method of historical research,from the founding of the former Nanjing temporary government and the Nanjing national government,along the historical development of context,further elaborated from 1949 to 1954,1954 and 1975,from 1975 to 1982,from 1982 to 1993,1993.Our country's head of state promulgated the law from the original independence exercise,to the later deputy department,and to today's independent exercise,and elaborated the reason of this change.Secondly,the author analyzes the present situation and the deficiency of the legal publication system of Chinese President.The law of the President of our country has the subordination and the value of its independence is paid attention to in the implementation,which is the current state of the law of the President of our country.This part explains the shortcomings of the chairman's legal disclosure system in terms of the definition of publication,the ambiguity of the subject's rights and responsibilities,the time limit for the publication of the signing and the prepositional procedures of the promulgation.Again,in the aspect of using the experience of extraterritorial:Published one is the legal main body Angle,head of state legislature cabinet top military commission released as a legal subject,counted the number of how many countries are in accordance with the above four as the main body,then explain the necessity of heads of state as the main law released;Secondly,through the introduction of capitalism to the announced deadline general situation of the constitution,laws combined with the actual situation of our country,the President signed the law in our country from the published deadline beneficial experience;The third is the introduction of the prepositional procedures of the laws of the United States,France and Italy,which provides some help for the improvement of China's legislative process.Finally,it establishes the mandate of the state President's law to promulgate the functions and powers,and makes clear the responsibility of promulgation of the law,so as to further refine the rights and responsibilities promulgated by the President of our country.The announced time limit,the President signed the law when the reserved reasonable time interval so that the President and lawmakers have plenty of time to be familiar with the law again,to prevent the occurrence of hole law;In the aspect of the published procedure,the President of the state shall establish the legislative veto and the right of reconsideration,and set up the right of deputy department when necessary to improve the prepositional procedures of the promulgation of the law.