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On Local Precedent Legislation

Posted on:2008-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:T WuFull Text:PDF
GTID:2166360215490552Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the legislative law,local precedent legislation means that,local business needs for lawmaking,the local legislation organ(province,direct jurisdiction city and bigger city)can make precedent legislation in collateral legislation area when the nation law still not be made,but when the nation law make,the local precedent legislation should be made some modification or sentenced abolishment in time.With social and economy life continuously development,the lawmaking mission carry by nation gradually aggravates,also,our country's development is unbalance,some items have already develop in some regions needs legislation,but the other never take place.For this,allow local region make law is necessary.but it must obey the constitution,and according to its actuality.It can not only mobilize the local's enthusiasm,resolve the problem while the central lawmaking temporarily can not,but also can explore for the overall lawmaking.For this meaning , our country's reform&open is such a process that acknowledgement and extension of local legislative power,gradually establishment and consummation of local precedent legislation.The thesis start from how to establish an uniform & multiplicate law system,introduce and analyse the local precedent legislation's concept,characteristic,principle,function,the partition of central and local's legislation purview,the develop history,the conflict of legislation,etc.Otherwise,introduce America and Germany's local legislation.Analyse some baffle and bring related design to solve it.In addition,except for the preface and conclusion,the whole thesis is about more than 30,000 words,including four parts.The first part generally analyses local precedent legislation,such as concept,characteristic,position,relevant history,typical country,etc.The second part introduces local precedent legislation's principle and function.The third part discuss local precedent legislation's actuality,expatiate the local precedent legislation of 1923's constitution.The forth part analysis the local precedent legislation's baffle and take some advice to solve it.
Keywords/Search Tags:Local Precedent Legislation, Collateral Legislation, Legislation purview, Legislation conflict
PDF Full Text Request
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