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Research On The Approval System Of Local Laws And Regulations In Districted City

Posted on:2024-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:C R RenFull Text:PDF
GTID:2556307052992479Subject:Law
Abstract/Summary:PDF Full Text Request
The second paragraph of Article 72 of the Legislative Law of the People’s Republic of China(hereinafter referred to as the "Legislative Law"),which was revised in 2015,gives the legislative power to the people’s congress and its standing committee of the districted city.The districted city has put into legislative practice in succession,and the number of local laws and regulations of the districted city has increased year by year.However,the cities with districts are lack of legislative experience,lack of legislative capacity and weak legislative technology.The Standing Committee of the Provincial People’s Congress,after reviewing and approving it,will implement the local regulations of cities with districts,which the Legislative Law has set forth.To uphold the solidarity of the national legal system and enhance the legislative caliber of cities with districts.However,the imperfect provisions of laws and regulations have brought great difficulties to the implementation of the approval system.Provincial and autonomous regions’ local legislative regulations and the Legislative Law have distinct,and even conflicting,provisions concerning review standards and contents.The process of approval involves the utilization of procedures and methods for its approval.Hence,this document is founded on the particular regulations of existing statutes and rules,and unites the particular execution of the approval system of provinces and autonomous areas.Investigate the issues existing within the authorization system and proffer ideas for enhancement.A thorough examination of the five components of approval in the approval system,comprising the review standard,content,procedure,method and oversight of the approval right,is conducted in this paper.Grasping the issues in the entire system is essential.This research is largely based on the Legislative Law’s approval system stipulations,as well as the provincial and autonomous region’s local legislative regulations,due to the absence of uniform and unambiguous legal regulations.Summarizing the various regulations and laws pertinent to the approval system,as well as the particular implementation of the approval system in each province and autonomous region,is the purpose of this.What standards of review do they adhere to? The approval authority’s lack of oversight and the implementation of suitable methods for evaluating the laws and regulations presented for approval in the approval procedure.Beginning with normative improvement and institutional construction,this paper takes into account the issues mentioned above,in addition to the particular laws and regulations regarding the five components of the approval system.It should be evident that the only legitimate review necessary for approval should be done,The review material’s "conflict" and "ultra vires" should be determined in correlation to the judgment criteria,and the approval methods should be made clear when laws and regulations for approval conflict with provincial government regulations.Moreover,the approval authority’s work supervision,public opinion monitoring,and the districted city’s right to object to the review results should be established,thus introducing a novel concept for enhancing the approval system.
Keywords/Search Tags:Districted cities, Legislative Law, Approval system
PDF Full Text Request
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